NOT REPORTABLE HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI JUDGMENT Case no: CA 51/2013 In the matter between: MWASHEKELE MATEUS APPELLANT and THE STATE RESPONDENT Neutral citation: Mateus v The State (CA 51/2013) [2016] NAHCNLD 41 (20 June 2016) Coram: TOMMASI J Heard: 10 June 2016 Delivered: 20 June 2016 Flynote: Sentence Suspension thereof Court Criminal Procedure ― Appeal ― ― ― could only suspend the portion in excess of the prescribed sentence i.e 1 year ― Suspended sentence of the Combating of sentence” not a “lesser as envisaged by s3(2) Rape Act, 2000 (Act 8 of 2000) Substantial and compelling circumstances Once ― ― found to exist the court has a discretion whether or not to impose a lesser sentence It ― must however be evident from the judgment that the court applied its discretion in a judicious manner.
NOT REPORTABLE HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI JUDGMENT Case no: CA 51/2013 In the matter between: MWASHEKELE MATEUS APPELLANT and THE STATE RESPONDENT Neutral citation: Mateus v The State (CA 51/2013) [2016] NAHCNLD 41 (20 June 2016) Coram: TOMMASI J Heard: 10 June 2016 Delivered: 20 June 2016 Flynote: Criminal Procedure ― Appeal ― Sentence ― Suspension thereof ― Court could only suspend the portion in excess of the prescribed sentence i.e 1 year ― Suspended sentence not a “lesser sentence” as envisaged by s3(2) of the Combating of Rape Act, 2000 (Act 8 of 2000) ― Substantial and compelling circumstances ― Once found to exist the court has a discretion whether or not to impose a lesser sentence ― It must however be evident from the judgment that the court applied its discretion in a judicious manner.