S v Sileha (76 of 2012) [2012] NAHC 241 (21 September 2012)

# S v Sileha (76 of 2012) [2012] NAHC 241 (21 September 2012) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2012/241/eng@2012-09-21) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2012/241/eng@2012-09-21) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2012/241/eng@2012-09-21) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2012/241/eng@2012-09-21) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Sileha \(76 of 2012\) \[2012\] …&body=https://namiblii.org/akn/na/judgment/nahc/2012/241/eng@2012-09-21) [ Download RTF (693.0 KB) ](/akn/na/judgment/nahc/2012/241/eng@2012-09-21/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2012/241/eng@2012-09-21/source.pdf) Report a problem __ * Share * [ Download RTF (693.0 KB) ](/akn/na/judgment/nahc/2012/241/eng@2012-09-21/source) * [Download PDF](/akn/na/judgment/nahc/2012/241/eng@2012-09-21/source.pdf) * * * * * Report a problem __ ##### S v Sileha (76 of 2012) [2012] NAHC 241 (21 September 2012) Copy citation * __Document detail * __Related documents * __Citations 2 / - Citation S v Sileha (76 of 2012) [2012] NAHC 241 (21 September 2012) Copy Media Neutral Citation [2012] NAHC 241 Copy Court [High Court](/judgments/NAHC/) Case number 76 of 2012 Judges [Ueitele J](/judgments/all/?judges=Ueitele%20J), [Van Niekerk J](/judgments/all/?judges=Van%20Niekerk%20J) Judgment date 21 September 2012 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2012/241/eng@2012-09-21/attachment/s-v-sileha-2012-nahc-241-21-september-2012.pdf) (245.4 KB) * * * Skip to document content NOT REPORTABLE **REPUBLIC OF NAMIBIA** **HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK** **JUDGMENT** Case no: CR 76/2012 In the matter between: #### **THE STATE** and **FAUSTINUS KASESA SILEHA** **Neutral citation:**_The State v Sileha_(CR 76/2012) [[2012] NAHCMD 1](/akn/na/judgment/nahcmd/2012/1) (21 September 2012) **Coram:** VAN NIEKERK J and UEITELE J **Flynote:** Criminal procedure – Plea – Plea of guilty – Conviction in terms of section 112(1)(a) of Criminal Procedure Act – Accused sentenced to N$2 000 or 3 month imprisonment – Maximum fine at the time was N$300 – Sentence not competent – Sentence reduced to N$300 or 1 month imprisonment **Summary:** The accused was charged inter alia with a contravention of section 31 of the Road Traffic and Transport Act, 1999 ([Act 22 of 1999](/akn/na/act/1999/22)) (Driving a motor vehicle without a driver’s licence). The magistrate applied section 112(1)(a) of the Criminal Procdeure Act, 1977 ([Act 51 of 1977](/akn/na/act/1977/51)) and summarily convicted the accused. The sentence passed was one of N$2 000 or 3 months imprisonment. At the time the maximum sentence provided for by section 112(1)(a) was a fine of N$300. The sentence imposed was therefore not competent. On automatic review the sentence was reduced to one of N$300 or 1 month imprisonment. **ORDER** In the result the following order is made: 1. The conviction and sentence on count 1 are confirmed. The conviction on count 2 is confirmed. 2. The sentence on count 2 is reduced to a fine of $300 (Three hundred Namibia Dollar) or 1 (one) month imprisonment. **REVIEW JUDGMENT** VAN NIEKERK, J (UEITELE, J concurring): [1] The accused was convicted by the magistrate at Grootfontein on a charge of culpable homicide arising from the negligent driving of a motor vehicle and on a count of c/sec 31 of the Road Traffic and Transport Act, 1999 ([Act 22 of 1999](/akn/na/act/1999/22))(Driving a motor vehicle without a driver’s licence). On the first count he was sentenced to N$15 000 or 3 years imprisonment. On the second count he was sentenced to N$2 000 or 3 months imprisonment. [2] The conviction and sentence in respect of count 1 is in order. On count 2 the magistrate acted in terms of section 112(1)(a) of the Criminal Procedure Act, 1977 ([Act 51 of 1977](/akn/na/act/1977/51)) (“the CPA”). The sentence imposed is not competent as section 112(1)(a) at the time that sentence was passed made provision for a maximum fine of N$300. [3] Unfortunately this review record was mislaid after being attended to by the original Reviewing Judge to whom it was assigned. As he has since retired the matter was re-assigned for review. In the meantime the trial magistrate has left service as a judicial officer. It would therefore serve no purpose to require him to respond to any query from me. I therefore intend finalizing the matter. [4] In the result the following order is made: 1. The conviction and sentence on count 1 are confirmed. The conviction on count 2 is confirmed. 2. The sentence on count 2 is reduced to a fine of $300 (Three hundred Namibia Dollar) or 1 (one) month imprisonment. \---------------------------------- K van Niekerk Judge \---------------------------------- S Ueitele Judge #### __Related documents ▲ To the top >