HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI REVIEW JUDGMENT CR NO.: 9/2016 In the matter between: THE STATE and PAULUS VILHO ACCUSED HIGH COURT NLD REVIEW CASE REF NO: 399/2015 Neutral citation: S v Vilho (CR9-2015) [2016] NAHCNLD 71 (8 August 2016) Coram: JANUARY J and TOMMASI J Delivered: 8 August 2016 Flynote: Criminal procedure Sentence Competence of Accused convicted on ─ ─ ─ two counts One count dealt with in terms of s 112(1)(a) of Criminal Procedure Act 51 ─ of 1977 and other count in terms of s 112(1)(b) as amended by s 7 of Act 13 of 2010 ─ Magistrate taking both counts together Section 112(1)(a) as amended providing that ─ court may impose any competent sentence other than imprisonment without option of a fine or fine exceeding N$6000 Magistrate misdirecting himself by taking two counts ─ together and imposing imprisonment without option of fine Sentence set aside and ─ substituted with sentence of fine and imprisonment partly suspended for three years Summary: The accused in this matter was convicted in the magistrates court Oshakati for: 1. Crimen Injuria read with the provisions of the Domestic Violence Act, Act 04 of
HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI REVIEW JUDGMENT CR NO.: 9/2016 In the matter between: THE STATE and PAULUS VILHO ACCUSED HIGH COURT NLD REVIEW CASE REF NO: 399/2015 Neutral citation: S v Vilho (CR9-2015) [2016] NAHCNLD 71 (8 August 2016) Coram: JANUARY J and TOMMASI J Delivered: 8 August 2016 Flynote: Criminal procedure ─ Sentence ─ Competence of ─ Accused convicted on two counts ─ One count dealt with in terms of s 112(1)(a) of Criminal Procedure Act 51 of 1977 and other count in terms of s 112(1)(b) as amended by s 7 of Act 13 of 2010 ─ Magistrate taking both counts together ─ Section 112(1)(a) as amended providing that court may impose any competent sentence other than imprisonment without option of a fine or fine exceeding N$6000 ─ Magistrate misdirecting himself by taking two counts together and imposing imprisonment without option of fine ─ Sentence set aside and substituted with sentence of fine and imprisonment partly suspended for three years Summary: The accused in this matter was convicted in the magistrates court Oshakati for: 1. Crimen Injuria read with the provisions of the Domestic Violence Act, Act 04 of