CASE NO.

: CA 200/2007
REPORTABLE

SUMMARY

IN THE HIGH COURT OF NAMIBIA

In the matter between:

MATHEUS NAKATHINGO APPELLANT

and

THE STATE RESPONDENT

HOFF, J / SWANEPOEL, J

24 February 2011

Sentencing within discretion of trial court – Court of appeal will only interfere on
limited grounds – accused convicted of theft of stock in contravention of the provisions
of Act 12 of 1990
Compelling and substantial circumstances where accused is lay person – magistrate to
assist accused person – must explain that Court will take into account all facts and
factors in mitigation of sentence – must question accused person, if necessary, to
obtain relevant information.
Magistrate must explain the difference in gravity of sentence in respect of stock below
the value of N$500.00 and stock to the value of N$500.00 or more – accused must be
afforded opportunity to take issue with the value of stock.
First offenders – section 14 (4) of Act 12 of 1990 as amended prohibiting suspension of
sentence – not applicable in respect of first offenders – Where compelling and
substantial circumstances found – Court has two options – may impose lesser
sentence than prescribed minimum or where accused is first offender – may impose
such lesser sentence but order that part thereof be suspended on certain conditions.