S v Kujane and Another (12 of 2012) [2012] NAHC 36 (21 February 2012)

# S v Kujane and Another (12 of 2012) [2012] NAHC 36 (21 February 2012) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2012/36/eng@2012-02-21) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2012/36/eng@2012-02-21) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2012/36/eng@2012-02-21) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2012/36/eng@2012-02-21) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Kujane and Another \(12 of …&body=https://namiblii.org/akn/na/judgment/nahc/2012/36/eng@2012-02-21) [ Download RTF (696.8 KB) ](/akn/na/judgment/nahc/2012/36/eng@2012-02-21/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2012/36/eng@2012-02-21/source.pdf) Report a problem __ * Share * [ Download RTF (696.8 KB) ](/akn/na/judgment/nahc/2012/36/eng@2012-02-21/source) * [Download PDF](/akn/na/judgment/nahc/2012/36/eng@2012-02-21/source.pdf) * * * * * Report a problem __ ##### S v Kujane and Another (12 of 2012) [2012] NAHC 36 (21 February 2012) Copy citation * __Document detail * __Related documents * __Citations 1 / - Citation S v Kujane and Another (12 of 2012) [2012] NAHC 36 (21 February 2012) Copy Media Neutral Citation [2012] NAHC 36 Copy Court [High Court](/judgments/NAHC/) Case number 12 of 2012 Judges [Hoff J](/judgments/all/?judges=Hoff%20J), [Miller AJ](/judgments/all/?judges=Miller%20AJ) Judgment date 21 February 2012 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2012/36/eng@2012-02-21/attachment/s-v-kujane-and-another-2012-nahc-36-21-february-2012.pdf) (48.6 KB) * * * Skip to document content **CASE NO.: CR 12/2012** __NOT REPORTABLE__ ### IN THE HIGH COURT OF NAMIBIA In the matter between: ### THE STATE and **RAFAEL KUJANE ACCUSED NO. 1** **STEFANUS PANA ACCUSED NO. 2** # # HIGH COURT REVIEW CASE NO.: 1083/2011 **CORAM:** HOFF, J _et_ MILLER, AJ Delivered on: 21 February 2012 ## REVIEW JUDGMENT _**HOFF, J**_**:**[1] The accused was convicted of stock theft and sentenced as follows: “24 months imprisonment of which 14 months imprisonment is suspended for a period of 3 years on condition that the accused is not convicted of contravening section 11 (1)(a), 1, 14 and 17 of the stock theft [Act 12 of 1990](/akn/na/act/1990/12) as amended”. [2] I asked the magistrate to explain the sentence imposed. The magistrate replied that “on hindsight” he noticed that the sentence is incomplete as it does not contain the phrase “committed during the period of suspension”. I agree with the magistrate. [3] There is however another error in the formulation of the sentence. In its present form the accused is prohibited from contravening sections 11 (1)(a), 1, 14 , and 17 of [Act 12 of 1990](/akn/na/act/1990/12). Section 1 deals with definitions, section 14 deals with penalty provisions and section 17 deals with issues of compensation. These sections certainly cannot be contravened. [4] The sentence needs to be rectified. The conviction is confirmed. [5] In the result the sentence is amended as follows: 24 months imprisonment of which 14 months imprisonment are suspended for a period of 3 years on condition that the accused is not convicted of contravening section 11 (1)(a) read with sections 1, 14 and 17 of [Act 12 of 1990](/akn/na/act/1990/12) as amended, committed during the period of suspension. _______ ### HOFF, J I agree ___________ **MILLER, AJ** #### __Related documents ▲ To the top >