S v Khamuxab (CRIMINAL 27 of 2016) [2016] NAHCMD 100 (4 August 2016)

REPUBLIC OF NAMIBIA NOT REPORTABLE HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK Case No: CR 27/2016 THE STATE Versus GERSON KHAMUXAB (HIGH COURT MAIN DIVISION REVIEW REF NO. 613/2015) (MAGISTRATE’S REVIEW NO.: 12/2015) Neutral citation: S v Khamuxab (CR 27/2016) [2016] NAHCMD 100 (8 April 2016) Coram: SHIVUTE, J et PARKER, AJ Delivered: 8 April 2016 ORDER (a) The conviction is confirmed. (b) The sentence imposed is altered to read: Ten months’ imprisonment. (c) The sentence is antedated to 18 March 2015. REVIEW JUDGMENT SHIVUTE J (PARKER, AJ concurring): [1] The accused person was properly convicted of theft, read with the provisions of the Stock Theft Act 12 of 1990 (as amended) after he pleaded guilty to the charge. [2] He was sentenced to N$2000 (two thousand) fine and in default of payment to ten months’ imprisonment. [3] I queried the magistrate as to under which provisions of the law did the court derive its authority to impose a fine. The learned magistrate rightly conceded that she erred by imposing a fine and requested the reviewing judge to alter the sentence. [4] The fine imposed by the learned magistrate is not allowed by the Act in respect of stock theft. Based on this reason the sentence cannot be allowed to stand. [5] Consequently, it is ordered: (a) The conviction is confirmed. (b) The sentence imposed is altered to read: Ten months imprisonment. (c) The sentence is antedated to 18 March 2015. _________________________ N N Shivute Judge _________________________ C Parker Acting Judge