- September 1, 2022
- |Concise Law Reports (CLR), Criminal Law And Procedure
CRIMINAL LAW – REVIEW – TERMS OF IMPRISONMENT DISPROPORTIONATE TO FINES
The accused was convicted of two counts in the district court of Swakopmund. In respect of count 1 he was convicted of negligent driving in contravention of section 80 of the Road Traffic and Transportation Act 22 of 1999 as amended and sentenced to pay a fine of N$ 2000, or 12 months’ imprisonment. In respect of count 2 he was convicted of failure to ascertain damages in contravention of s 49(1) of Act 22 of 1999 as amended and sentenced to pay a fine of N$ 1000, or 6 months’ imprisonment. The matter came before the High Court on automatic review. The convictions on both charges were in order but the sentences were not.
The review court took issue with the sentence in that in both counts, the terms of imprisonment were disproportionate to the fine amounts. In S v Michael Dickson unreported case 848/2000 delivered on 2002.08.09, Hoff J (as he was then) set aside a sentence of N$300 or 18 month’s imprisonment because of the disproportionate ratio between the fine and the imprisonment. In the Dickson matter the review court relied on the principle that when a judicial officer intends to sentence an accused to a fine with an alternative of imprisonment he or she should arrange the sentence in such a way that the alternative of imprisonment is proportional to the fine and the gravity of the offense.
As far as the sentence in count 1 is concerned, 12 months’ imprisonment is too harsh in relation to a fine of N$2000 and so is 6 month’s imprisonment in relation to a fine of N$1000 in respect of count 2. The court a quo misdirected itself in that regard and the court was at liberty to interfere with the sentences imposed.
In the result, the following order was made:
- The convictions in count 1 and count 2 was confirmed.
- The sentences in both counts were set aside and substituted as follows:
- Count 1: The accused is sentenced to pay a fine of N$2000 or 6 months’ imprisonment.
- Count 2: The accused is sentenced to pay a fine of N$1000 or 3 months’ imprisonment.
The sentences were backdated to 10 August 2022.
S v Petrus NAHCMD 1 September 2022