S v Walde (4 of 2012) [2012] NAHC 39 (21 February 2012)

# S v Walde (4 of 2012) [2012] NAHC 39 (21 February 2012) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2012/39/eng@2012-02-21) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2012/39/eng@2012-02-21) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2012/39/eng@2012-02-21) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2012/39/eng@2012-02-21) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Walde \(4 of 2012\) \[2012\] …&body=https://namiblii.org/akn/na/judgment/nahc/2012/39/eng@2012-02-21) [ Download RTF (814.4 KB) ](/akn/na/judgment/nahc/2012/39/eng@2012-02-21/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2012/39/eng@2012-02-21/source.pdf) Report a problem __ * Share * [ Download RTF (814.4 KB) ](/akn/na/judgment/nahc/2012/39/eng@2012-02-21/source) * [Download PDF](/akn/na/judgment/nahc/2012/39/eng@2012-02-21/source.pdf) * * * * * Report a problem __ ##### S v Walde (4 of 2012) [2012] NAHC 39 (21 February 2012) Copy citation * __Document detail * __Related documents * __Citations 2 / - Citation S v Walde (4 of 2012) [2012] NAHC 39 (21 February 2012) Copy Media Neutral Citation [2012] NAHC 39 Copy Court [High Court](/judgments/NAHC/) Case number 4 of 2012 Judges [Liebenberg J](/judgments/all/?judges=Liebenberg%20J), [Tommasi J](/judgments/all/?judges=Tommasi%20J) Judgment date 21 February 2012 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2012/39/eng@2012-02-21/attachment/s-v-walde-2012-nahc-39-21-february-2012.pdf) (52.5 KB) * * * Skip to document content **CASE NO.: CR 04/2012** **IN THE HIGH COURT OF NAMIBIA** **HELD AT OSHAKATI** In the matter between: **THE STATE** **and** **SHIDOLO WALDE** _(HIGH COURT REVIEW CASE NO.: 26/2012)_ _**CORAM:**_ LIEBENBERG, J. __et__ TOMMASI, J. Delivered on: 21 February 2012 **REVIEW JUDGMENT** _**LIEBENBERG, J.:**_ [1] The accused appeared before the Magistrate’s Court, Oshakati and pleaded guilty on a charge of contravening s 72 (1)(n) of the Liquor Act1 in that he unlawfully sold beer. Although it is not alleged in the charge that the accused acted without being the lawful holder of a liquor licence issued to him in terms of the Act or in contravention with such licence – thereby omitting an essential ingredient from the charge, making it as such defective – the magistrate, when questioning the accused in terms of s 112 (1)(b) of the Criminal Procedure Act2, did elicit answers from the accused according to which he admitted that when selling the liquor, he was not the holder of a valid licence; thus, curing the defect in the charge. The conviction is in order and must be confirmed. [2] However, there is a need for the prosecution to meticulously formulate charges against accused persons, especially where the trial court during questioning in terms of s 112 (1)(b) would be guided by the elements of the charge and the allegations contained therein. Slovenly or ill-considered charges could lead to a miscarriage of justice and should be avoided at all times. [3] The wording of the sentence imposed by the court is not only clumsy, but the word “committed” was also omitted as a condition of suspension. Hence, the sentence is amended to read as follows: ‘N$2 000 or 12 months’ imprisonment of which N$1 000 or 6 months’ imprisonment is suspended for 2 years on condition that the accused is not convicted of the offence of selling liquor without a licence (c/s 72 (1)(n) of [Act 6 of 1998](/akn/na/act/1998/6)), committed during the period of suspension.’ The sentence date remains the same. **_________________________** **LIEBENBERG, J** I concur. **_________________________** **TOMMASI, J** 1 [Act No 6 of 1998](/akn/na/act/1998/6) 2 [Act No 51 of 1977](/akn/na/act/1977/51) #### __Related documents ▲ To the top >