S v Malukusi (CRIMINAL 193 of 1994) [1994] NAHC 15 (1 December 1994)

THE STATE vs MALUKUSI ANDREAS CR 193/94 1994-12-01 Hannah, J: Mtambanengwe, J JUDGMENT ON SENTENCE Held: For a second or subsequent conviction for an offence in terms of Act 12 of 1990 the mandatory minimum sentence is 3 years to sentence one 3 years imprisonment, imprisonment and suspend 1 year is an error. The sentence must be corrected to read 3 years imprisonment. to O Tc ullage CASE NO IN THE HIGH COURT OF NAMIBIA In the matter between THE STATE versus MALUKUSI ANDREAS (HIGH COURT REVIEW CASE NO.3734/94) CORAM: HANNAH et MTAMBANENGWE, JJ. Delivered on: 1994.12.01 REVIEW JUDGMENT MTAMBANENGWE, J. t This review matter was sent up to me with the following comment by the trial magistrate: "1. After I sentenced the accused I realized that I had erroneously suspended one year of the sentence although the accused is over 18 years of age. 2 . I respectfully request that you alter the sentence to read three (3) years imprisonment." The accused was convicted of stock theft. He stole and slaughtered one goat valued at N$180.00. He has a previous conviction for stock theft and in terms of the Act (Act No 12 of 1990) as amended by section 3(b) of the Stock Theft Amendment (Act No 19 of 1993) for a second or subsequent conviction for contravention of the Act the mandatory minimum sentence is 3 years, the maximum being 20 years without the option of a fine. Accordingly the conviction is confirmed but the sentence is altered simply to 3 years imprisonment. The sentence is ante-dated to 31st October, 1994. MTAMBANENGWE, JUDGE I agree HANNAH, JUDGE