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S v Benedictus (Case No.: CR 02/2008) [2008] NAHC 23 (21 January 2008)

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CASE NO.: CR 02/2008

MULLER, J.:

[2] I queried the learned magistrate on the severity of the sentence, the disparity between the fine and period of imprisonment and asked whether the accused was imprisoned or not. I received the magistrate’s response and am satisfied with his reply with regard to the sentence he imposed and that all relevant factors were considered. The magistrate conceded that there is a huge disparity between the fine and the period of imprisonment, if the fine is not paid. However, I am informed that the accused did pay the fine and was not imprisoned.

[3] With regard to the disparity between the amount of the fine and the period of imprisonment the magistrate suggested that the period be amended to 6 months imprisonment instead of 16 months. I find this a sensible suggestion and shall order such a change to the sentence.

[4] In the result the accused’s sentence imposed in the Magistrate’s Court Oshakati on 28 August 2007 is amended by substituting the period of imprisonment of 16 months with 6 months. The formulation of the sentence now reads:

“A fine of N$1000 or in default of payment a period of imprisonment of 6 months.”