zilongwang/ReadingBank huggingface dataset:
NGSS & STEM – Formal and Informal Teacher Assessments: The evaluation process for Year 2 with both informal and formal educators relied primarily on joint planning, teacher feedback in every classroom session, working with teachers in classrooms to be more a part of the teaching process with the Mobius staff, adjusting learning Units and tasks based on the needs of the teachers and the students. We frequently made improvements based on teacher suggestions, sometimes from one school to the next, and from one month to the next within the Units. We also worked individually with classroom teachers on taking some of the assignments for materials distribution, monitoring student teams, and assisting with student behavior management. Two formal educators became our “tasks testers” in new Units. In some cases we practiced with the teachers and made adjustments to tasks before using them with students. Our Informal Educator Workshop was not only developed in partnership with ESD 101 and with Greater Spokane Incorporated (GSI, regional Chamber of Commerce) it became, at the request of the participants, an ongoing network for regional informal educators for non-profit organizations, state and city agencies, and education related initiatives. The individual feedback gathered at the first workshop indicated that participants found the workshop valuable for creating more experiential versions of their own science lessons and curricula, better understanding of the interplay of STEM and NGSS, and that they wanted to continue learning with each other. Community & Partnership Engagement Assessments: We determined the degree of success with partners for the community science events by the number of partners who participated by bringing their science to the events and by the number of times they continued participating in the different school communities. Six of our seven consistent community event partners were new for us in Year 2 of the Project. Five of the partners worked with us at more than one community science events. This was particularly notable as some of our school communities were more than an hour’s drive from the partners’ locations. We believe that we were able to enlist more partners more often because we scheduled the community events with schools earlier in the year and because we entertained community schedules in the evening and during the day, as needed. Major challenges faced by the program in Year 2 (FY 2014-15):
MAT Logs and Comparing Values Practice Estimate the value of the following, and where appropriate, form an inequality involving the original value and your estimate. e.g. for , you might write “”. Determine the following: Find exact values for the following logs: your values to the previous question, determine: Prove that What inequality can we form for when: Determine which of the two values is bigger. and and and and Determine: Determine which range is in: Between and or Between and or Between and Which is the largest of: The following questions are finding numbers of digits and the first digits of numbers. What function we use to determine how many digits an integer has? Think about what to do when your function doesn’t give you an integer/whole number. Given that to 2dp, how many digits does have? Given that to 4dp, how many digits does have? also that , determine the first digit of As becomes very large and positive, approaches which of the following: 0 1 10000 [PAT] Given , find . ANSWERS (it’s hard to know whether it’s smaller or great unless
Tool Drawing Use Unit of Measure 1. Triple Beam Balance Used to measure an object’s mass Grams (g) Milligrams (mg) Kilograms (kg) 2. Ruler Used to measure an object’s size (length, width, height) or the distance between two points Centimeters (cm) Millimeters (mm) Meters (m) Kilometers (km) 3. Spring Scale Used to measure an object’s weight Newtons (N) 4. Thermometer Used to measure temperature Fahrenheit (F) Celsius (C) Kelvin (K) 5. Stopwatch Used to measure time Seconds (s) Milliseconds (ms) Minutes (min) Hours (hr) 6. Graduated Cylinder Used to measure the volume of a liquid or the volume of an irregularly shaped object (ex: a rock) Liters (L) Milliliters (mL)
3. What if I failed a Key Skills qualification and didn’t finish my Apprenticeship? What if I failed a Key Skills qualification and didn’t finish my Apprenticeship? For example, because I didn’t get the Access Arrangement I feel I should have? You can take a new English and qualification to finish your Apprenticeship. You need to have completed all the parts of your Apprenticeship other than a Key Skills qualification in Communication and/or Application of Number. You will need to pass English and maths Functional Skills (or GCSE equivalent – see below). This will not cost you anything. You don’t have to give a reason why you failed your Key Skills. It matter how long ago you were on your Apprenticeship. 3.1 How do I apply for a Functional Skills course in English and/or maths? You can use any training provider registered with the Skills Funding Agency to deliver English and maths training. Not all of providers will be able to offer a Functional Skills course immediately, so you should start by speaking to your previous training provider. If you aren’t sure who you trained with before, speak to your local college. 3.2 What level of Functional Skills do I need to achieve in order to complete my Apprenticeship? To be awarded an intermediate (Level 2) Apprenticeship, you need to achieve at least Level 1 English and maths in Functional Skills (or at least an E grade at GCSE). For an advanced (Level 3) Apprenticeship, you will need to achieve at least Level 2 English and maths in Functional Skills (or at least a C grade at GCSE). Further information is available in the Specification of Apprenticeship Standards – see . Some Apprenticeships require higher qualifications. You should ask your training provider to check the requirements of your Apprenticeship framework. 3.3 What happens if I fail the Functional Skills qualification? You have to pass an appropriate English and maths qualification to complete an Apprenticeship.
B. PICKUP / DROP OFF VOLTAGE TEST: Operate Coil (Term. +121 – 122) Reset Coil (Term. +211 – 212) Volts (V) Current (mA) Volts (V) Current (mA) Operating Range : 80 – 110 % of (Buyer’s Guide 1MRK 508 016-BEN) C. PICKUP / DROP OFF TIMING TEST : (AS RATED VOLTAGE) Operate Coil (Term. +121 – 122) Contact Terminals Coil (Term. +211 – 212) Contact Terminals 313 - 314 113 - 114 Pick up Time : 30 / 25 ms Drop off time : 30 / 20 ms (Buyer’s Guide 1MRK 508 016-BEN) D. BURDEN TEST 125 V: Precaution: Coil terminals are directly used for this test. Hence do not apply voltage more than 3 seconds. Operate Coil (Term. +111 – 122) Reset Coil (Term. +214 – 212) Current (mA) Watt (W) Current (mA) Watt (W) Power consumption : (3.1) W (Buyer’s Guide 1MRK 508 016-BEN)
Percentage of Lead Firms that offer competitive pricing (SME clients Benefit) INTERMEDIATE RESULTS PDO Level Results Indicators* Core Unit of Measure Baseline Cumulative Target Values** Frequency Data Source/ Methodology for Data Collection Description (indicator definition etc.) YR 1 YR 2 YR3 Intermediate Results (Component One): Build the Capacity of Enterprises in Business Resilience Intermediate Result indicator One: Businesses received business support/advisory services (includes MSMEs) in form of Business Resilience Training (TF Results Framework Pillar Indicator 1.1.1) Number 0 100 250 400 ongoing Pre-post evaluation report P.O / M&E officer Number of Businesses that have benefited from the Business Resilience Training Intermediate Result indicator Two: Number of people trained in Business Resilience Number 0 150 300 500 ongoing CRM /trainer report / firm application P.O Number of people trained in Business Resilience Intermediate Result indicator Three: Number of firms that have completed a viable BCP Number 0 100 200 400 ongoing An accepted BCP by the Project Management P.O Number of firms that have completed a viable BCP Intermediate Result (Component Two): Support Business Recovery and Growth Intermediate Result indicator One: Number of Businesses (includes MSMEs) that have received financial investment in the form of Matching Grants (TF Results Framework Pillar Indicator 1.1.1) Number 0 65 200 300 ongoing M&E System/ follow-up visits / cons. Advisors Reports Advisor Consultant Businesses received business support/advisory services or financial investment (includes MSMEs) Intermediate Result indicator Two: Number of value chains reached by the Matching Grants Number 0 5 8 8 ongoing M&E System/ follow-up visits / cons. Advisors Reports Advisor Consultant Number of chains reached by the Matching Grants Intermediate Result indicator Three: Number of women entrepreneurs that have benefited from the Matching Grants. Number 0 30 50 70 ongoing M&E System/ follow-up visits / cons. Advisors Reports Advisor Consultant Number of women entrepreneurs that have benefited from the Matching Grants.
b) The Reality At present the service is fragmentary and patchy. We need to define a joint understanding of our role and present our ethos clearly to patients and staff. We hope this example gives a flavour of our work and helps illustrate the issues we face:- The Typical Week – w/c 30th June 2014 Activity Mon Tues Weds Thu Fri Sat/ Sun Wards visited Hours available Ward visits – chaplain visited 2a CRH Mat ----------- 3 HRI 5 15 19 20 4A-C 6B-D ------------ 10 15 20 5A-D 6B-D -------- 21 ------ 12 22 19 CRH: 19 ---------- HRI:12 CRH:10 sessions -------------- HRI:12 sessions Ward visits Wards visited ---------- 4 6 8 17 2AD 3A-D --------- ------ 20 CRH:6 ---------- HRI:5 CRH: 1 session ---------------- HRI: 3 sessions - volunteer
Sweet and sour pork is one of the signature Chinese dishes most welcome among foreigners. The deep-fried crispy pork wrapped in delicious sweet and sour sauce will surely make your mouth water. Let’s learn how to make this classic home dish now! Marinade for pork: ¼ tsp salt ¼ tsp sugar ¼ tsp corn starch ¼ tsp dark soy sauce ½ tsp light soy sauce Marinade for pork: 2 tsp corn starch 4 tbsp sugar 2 tbsp vinegar 3 tbsp tomato ketchup ½ tsp light soy sauce ½ tsp dark soy ½ tsp Worcestershire sauce 100 ml
from TNF and MS, which were fairly close to each other, and the branch marked with (+) had a mix of samples from SSA and TNF, which were also near. Mean Genetic Distances Tables 5-8 show the results of distance data of genetic information. Populations were once again organized based on geographic groupings based on Table 2. Greater values indicate greater genetic distances or genetic diversity. Table 5 and Table 6 examine the mitochondrial CO1 gene. Table 5 contains calculations of the genetic distances within each group. The data showed SSA having the greatest genetic diversity within its populations, and MS had the least. Table 6 shows the genetic distances between different groups. The greatest genetic distance was seen between SSA and MS, and the least distance was exhibited between TNF and MS. Table 7 and Table 8 were based on the nuclear H3A gene. Similar to Table 5 and Table 6, Table 7 shows genetic distances within each group while Table 8 shows distances between them. Results from these calculations were different from the ones generated by the CO1 gene. NSA and SSA were shown to have little to no genetic diversity within their populations, while MS had the greatest. In addition, genetic distances were greatest between NSA to SSA, NSA to TNF, and TNF to MS. Lowest distances were observed between SSA and TNF and NSA and MS. Figure 5. Phylogenetic tree of mitochondrial DNA sequences (CO1 gene). Each symbol designates a genetic Circles are Group 1, squares are Group 2, Diamonds are Group 3, inverted triangles are Group 4, and triangles are Group 5.
ggplot(data = df) + geom_density(aes(x = Year, y=Percent, ,stat='identity',fill='blue',alpha=0.2) + facet_wrap(~StateRegion) } ) A function will allow for more customization of this code. Here, a function called BabyNamePlot() is being created. This function will take two parameters, name and firstyear. The default settings for these are Chris and 1910. > #Creating a custom function in R for added flexibility BabyNamePlot<- function(name='Chris', firstyear=1910){ namedata %>% filter(Name==name & Year > firstyear ) %>% group_by(Gender,Year,StateRegion) %>% summarize(Total=sum(Count)) %>% left_join(output2) %>% mutate(Percent=Total/Total2) %>% (function(df){ggplot(data = df) + geom_density(aes(x = Year, y=Percent, color=Gender),stat='identity',fill='blue',alpha=0.2) + facet_wrap(~StateRegion) }) } After successfully creating the BabyNamePlot() function, we can put it to use in the following ways. BabyNamePlot(name="Emma",firstyear=1995) BabyNamePlot(name="Henry",firstyear=2000) Questions: How much regional variation exists in the baby name Emma over the past 20 years? Discuss. The graphic provided at the beginning of this handout suggested that Henry was a popular baby name in the Midwest? Is this support by our analysis? Discuss. Task Complete the following task the baby names dataset. How much regional differences exist in your name? Create a plot using the BabyNamePlot() function to investigate any differences.
Date: Room/Lab Number: EMERGENCY CONTACTS Please legibly! Location in room/lab: Gas type: Helium Cylinder size: Symbols: GHS04 Blank Blank SUPERVISOR TEL PERSON 1 TEL PERSON 2 Signal Word: WARNING TEL Hazard Statements: H280 Precautionary Statements: P410 + P403 Further Notes Used for: Student name: Supervisor name: Student Signature: Supervisor Signature:
Date: Room/Lab Number: EMERGENCY CONTACTS Please write legibly! Location in room/lab: Gas type: Hydrogen Cylinder size: Symbols: GHS02 GHS04 Blank SUPERVISOR TEL PERSON 1 TEL PERSON 2 Signal Word: DANGER TEL Hazard Statements: H220 Precautionary Statements: P210 Further Notes: Used for: Student name: Supervisor name: Student Signature: Supervisor Signature:
A of mode character is input with single or double quotes. The echo is always double quotes. > A <- "bacteria" > B <- ‘E.coli’ > A; B [1] "bacteria" [1] "E. coli" The backslash (\) can be used to “escape” a special character. The two characters altogether \" will be treated in a specific way by some functions such as cat for display on screen: > x <- "Double quotes \" delimitate R’s strings." > x [1] "Double quotes \" delimitate R’s strings." > cat(x) Double quotes " delimitate R’s strings. Double quotes " delimitate R’s strings. The following table gives an overview of the type of objects representing data. object modes several modes possible in the same object? vector numeric, character, complex or logical No factor numeric or character No
Performance Planning Index of Action Words Accumulate Adapt Administer Advise Analyze Appraise Approve Ascertain Assemble Assign Assure Attend Audit Authorize Budget Build Calculate Check Circulate Coach Collaborate Collect Compile Complete Comply Conduct Consolidate Consult Contact Contribute Control Convey Coordinate Counsel Create Delegate Demonstrate Design Determine Develop Dictate Direct Discuss Display Disseminate Distinguish Distribute Draft Elicit Employ Encourage Enforce Enhance Ensure Establish Evaluate Examine Execute Expedite Facilitate Follow-up Forecast Formulate Function Furnish Gain Gather Give Guide Handle Help Identify Implement Improve Influence Inform Initiate Inspect Insure Interact Issue Interpret Interview Inventory Investigate Judge Keep Maintain Make Manage Meet Mobilize Motivate Necessitate Negotiate Notify Observe Obtain Operate Organize Oversee Participate Perform Plan Practice Prepare Present Prevent Prioritize Process Produce Project Promote Provide Receive Recommend Record Regulate Reinforce Reject Release Report Represent Respect Respond Review Revise Schedule Secure See Seek Serve Show Sign Solve Specify Standardize Store Strengthen Structure Study Submit Supply Supervise Survey Take Think Train Translate Treat Use Verify Weigh
Date: Room/Lab Number: EMERGENCY CONTACTS Please legibly! Location in room/lab: Gas type: Oxygen Cylinder size: Symbols: GHS03 GHS04 Blank SUPERVISOR TEL PERSON 1 TEL PERSON 2 Signal Word: DANGER TEL Hazard Statements: H270, H280 Precautionary Statements: P220, P410 + P403 Further Used for: Student name: Supervisor name: Student Signature: Supervisor Signature:
Whitney, Jim K-12 Teacher Supervision 7-12 Principal Endorsement Zeller, LaWayne Elementary Secondary Middle Grades Elementary Education K-8; Principal K-8 *Licensure information on all full-time faculty members who supervise can be found in the faculty chart. All coaching teachers must be certified for the grade level/area in which they are teaching.
Look in under resources for interview questions and post financial meeting with a principal (intro to the school budget). Principal Meeting Interview report Due on 6-18/10 Add interview report to your electronic Anthology June 18- 24 Read Chapters 5 & 6 Read Introduction articles on Grant writing in Resources. Forum discussions on . Grant Assignment 1: Post two grant funding opportunities June 25-July 1 Read Chapters 7 & 8 Read sample grants found in Resource folder: Sample Grants Funding models on Webliography under resources. Start searching for article pertaining to checks and balances in accounting practices. discussions on regional state funding models..., , ...etc. See Webliography and instructor posts for resources.Add your state funding model to Electronic Anthology. Grant Rating Assignment July 2- 8 Read Chapters 9 & 10 Read and review recent (since 2009) article pertaining to checks and balances in accounting practices. Read criteria and see an example for Community and School PROFILE study on Resources NO POSTING ON THESE CHAPTERS Submit copies of the article materials and 1st Journal Article Review (due July 9).Add to Electronic Anthology Post in Assignments: Profiles assignment July 9- 15 Read Chapters 11 & 12 Write a review (1-2 pgs) describing your schools building needs and funds available. Forum discussions on . Submit review to Assignments and add to your Electronic Anthology.
FAMILY ACTIVITIES CALENDAR JANUARY 2018 1 2 3 4 5 6 REGISTRATION FOR VENICE BEACH CLEAN-UP FOR STUDENTS AGES 11-17 REGISTRATION FOR VENICE BEACH CLEAN-UP FOR STUDENTS AGES 11-17 COMMUNITY SERVICE VENICE BEACH CLEAN-UP 9AM-12PM SENIORS CLUB 9AM-12PM 7 8 9 10 11 12 13 TOKENS DISTRIBUTION 9AM-12PM FREE TUTORING 3PM-5 PM FREE TUTORING K-12TH GRADE 3PM-5 PM TOKENS DISTRIBUTION 9AM-12PM FREE TUTORING 3PM-5 PM FREE TUTORING K-12TH GRADE 3PM-5 PM FREE PARENTING CLASSES 4PM-5PM SENIORS CLUB 9AM-12PM 14 15 16 17 18 19 20 OFFICE CLOSED MARTIN LUTHER KING, JR.’S HOLIDAY FREE TUTORING GRADE 3PM-5 PM FREE TUTORING 3PM-5 PM FREE TUTORING GRADE 3PM-5 PM FREE PARENTING CLASSES 4PM-5PM SENIORS CLUB 9AM-12PM UCLA FIELD TRIP 9 AM- 1PM 21 22 23 24 25 26 27 FREE TUTORING K-12TH 3PM-5 PM FREE TUTORING K-12TH GRADE 3-5 PM FREE TUTORING K-12TH GRADE 3PM-5 PM FREE TUTORING GRADE 3PM-5 PM FREE PARENTIING CLASSES 4PM-5PM SENIORS CLUB 9AM-12PM FAFSA WORKSHOP & INCOME TAX PREPARATION FOR FAFSA PARTICIPANTS 9AM-12PM 28 29 30 31 COMING-UP ACTIVITIES FOR NEXT MONTH: FEB 3RD VITA & FAFSA SUPER SATURDAY HIGH SCHOOL STUDENTS & FAMILES COME TO THIS GREAT EVENT TO COMPLETE YOUR FREE!! INCOME TAX PREPARATION & FAFSA APPLICATION !!! CONTACT US @ 610 CALIFORNIA AVE. VENICE, CA 90291, CALL (310)578-6069, OR TO BOOK AN APPOINTMENT TODAY! FREE TUTORING K-12TH GRADE 3PM-5PM FREE TUTORING K-12TH GRADE 3PM-5PM FREE TUTORING K-12TH GRADE 3PM-5PM
S&E Athena SWAN Self-Assessment Committee (Faculty Representatives) Name Department Role Alan Hegarty Mathematics and Statistics Senior Lecturer Bernie Quilligan Faculty Office Faculty Manager and Administration Representative Edmond Magner Dean Dean of Faculty, Chair of S&E A.S. Self-Assessment Committee and member of the AS Steering Committee Representative Fathima Laffir MSSI Research Fellow Ita Richardson Lero Associate Professor FESTA Committee member Representative Jacqueline Kennedy Life Sciences Chief Technical Officer Louise Madden Design & Manufacturing Technology Chief Technical Officer John Nelson Electronic and Computer Engineering Head of Department Representative Maria Munroe Chemical and Environmental Sciences Senior Technician Marie Connolly Human Resources Athena SWAN Co-ordinator Mark Southern Enterprise Research Centre Senior Research Fellow Research Representative Sarah Mitchell Mathematics and Statistics HOD/Early to Mid-Career Representative Sean Arkins Life Sciences Head of Department Representative Monika Zacharska Chemical and Environmental Sciences Lecturer Below the Bar Louise Kiernan Design and Manufacturing Technology Lecturer Below the Bar Representative Deirdre NiEidhin Department of Physics Technical Officer
Language 2.L.1- A 2.L.1- B 2.L.1- C 2.L.1- D 2.L.1- E 2.L.1- F 2.L.1- G 2.L.1- H 2.L.1- J 2.L.1-Ja 2.L.1- K I can form irregular plural nouns. (ex. deer-deer, foot-feet, etc.) I can form past tense irregular verbs. (ex. break, broke, broken – drink, drank, drunk) I can use regular plural nouns using -s, -es, and I can use irregular plural nouns. (ex. deer-deer, foot-feet, etc.) I can use pronouns. (Reflexive pronouns: I-myself, you-yourself, he-himself, she-herself, it-itself, they-themselves) (myself, ourselves) I can use past irregular verbs. I can use adjectives correctly. I can use adverbs correctly. I can produce a simple sentence. (subject, verb, and expresses a complete thought) I can produce a complex sentence. (join two independent clauses with a conjunction such as and, but, or, yet, so) I can rearrange simple and compound sentences.
2.L.4- D 2.L.4- E 2.L.4- F I can predict the meaning of compound words by using the meaning of the two words in the compound. I can use print and digital glossaries and dictionaries to better understand the meaning of words and phrases. I can determine the multiple meanings of a word. 2.L.5- A 2.L.5- B 2.L.5- C I can identify connections between words and their use. This means I can identify words that are appropriate to describe a word. I can distinguish slight difference in meanings between synonyms. (adjectives) I can distinguish slight difference in meanings between synonyms. (verbs) 2.L.6- I can use words and phrases including adjectives and adverbs to describe. Color Key: Knowledge Reasoning Performance Product
Gender, Sexuality and Science T 10/1 Shulman, “Implications of Feminist Critiques of Science for the Teaching of Mathematics and Science” “Democratizing Biology” Chapter 3: Gaga Sexualities: The End of Normal (GF) H 10/3 Talbot, “About a Boy” Film: Excerpts from Orgasm, Inc. Gender, Sexuality and Health T 10/8 Chapter 6: Health and Reproductive Rights 279-309 Sanger, “My Fight for Birth Control” (WVFV) Fugate Woods, “A Global Health Imperative” (WVFV) Lewis et al. “HIV Risk Behavior Among College Students in the United States” (WVFV) H 10/10 Parks, “Rethinking Radical Politics in the Context of Assisted Reproductive Technology” (WVFV) Sillman et al. “Women of Color and Their Struggle for Reporductive Justice” (WVFV) Chapter 10: Resisting Violence Against Women pp 503-524 (WVFV) Visit: Gender and Food T 10/15 NO FALL BREAK H 10/17 Avakian and Haber 2005. “Feminist Food Studies: A brief history” Grossman, “Beating Anorexia and Gaining Feminism” (WVFV) Walshe, Shushannah. “Chris Christie’s Struggle and the Politics of Weight” Relationships, Marriage, Partnerships T 10/22 Chapter 4: Sex, Power, and Intimacy (WVFV) H 10/24 Chapter 4: Gaga Relations: The End of Marriage (GF) Film in-class: Freedom to Marry GSWS Activity 2 Due: Rough Draft in paper copy for peer review F 10/25 5:00pm in GSWS Office GSWS Activity 2 Due: Final Draft Families and Parenting T 10/29 Chapter 7: Family Systems, Family Lives (WVFV) H 10/31 hooks, “Feminist Parenting” Rudzik, “Breastfeeding and the “Good Mother” Ideal”
REPORTABLE CASE NO: SA 29/2016 IN THE SUPREME COURT OF NAMIBIA In the matter between: THE STATE Appellant and S S H Respondent Coram: DAMASEB DCJ, SMUTS JA and HOFF JA 3 July 2017 Delivered: 19 July 2017 Summary: The trial judge in this case recused herself when it became apparent to her that the respondent (the accused), being tried before her, was in the meantime convicted of another unrelated and undisclosed offence. The judge invited counsel to address her on whether or not she should recuse herself. Although invited to do so, the accused did not express a view whether or not the judge should recuse herself. It is clear from the record that the offence the accused was apparently convicted of was
questions also to be avoided in respect of issues of fault and grounds of defence. Plea – Section 112 (1)(b) – Charge of driving under the influence – Not sufficient when accused admits he was drunk when driving vehicle – Court from its questioning must be satisfied that faculties of accused were impaired and driving skills affected. Criminal law – Traffic offences – Contravention of s 82(1) of Road Traffic and Transport Act 22 of 1999 – Driving motor vehicle on public road under influence of intoxicating liquor – Not sufficient to prove that accused consumed liquor. Summary: To prove a contravention of s 82(1) of the Road Traffic and Transport Act 22 of 1999, ie driving under the influence of intoxicating liquor, there must be proof that the accused’s faculties had been impaired when driving a vehicle on a public road. Accused pleaded guilty to a charge of contravening s 82 (1) and during question admitted that he was drunk while driving on a public road. The court, in convicting, accepted the accused’s mere say-so without ascertaining whether the accused’s faculties were indeed impaired whereby his driving skills were affected. Conviction set aside. ORDER The conviction is set aside. The matter is remitted to the same court with the direction to comply with the provisions of s 112 (1)(b) of Act 51 of 1977; alternatively, to enter a plea of not guilty in terms of s 113 of the Act and proceed to trial. ______________________________________________________________ JUDGMENT
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK Case No: CC 5/2013 THE STATE versus WILLEM VISAGIE BARNARD Neutral citation: S v Barnard (CC 5-2013) [2015] NAHCMD 226 (24 September 2015) Coram: SHIVUTE, J Heard: 06 August 2015 Delivered: 24 September 2015 Summary: Criminal procedure – Trial – Application in terms of s 174 – The test to be applied by the court is whether there is evidence on which a reasonable court acting carefully may convict – There is no specific formula or test to be applied to all cases when deciding whether or not to discharge – Each case must be decided on its own merit. Criminal law: Trial – Application in terms of s 174 – Accused claiming defence of temporary non-pathological incapacity due to intoxication liquor combined with drugs – if proper basis is laid in the evidence for the absence of criminal
[30] The law regarding the defence of temporary non-pathological incapacity was stated in S v Ngoya 2006 (2) NR 643 (HC) at para 43 as follows: ‘The defence of non-pathological incapacity cannot be had for the mere say-so of an accused person. There must be cogent evidence revealed during the evidence before a Court can find such a defence in favour of an accused person. The reason is obvious it is such an easy defence to put forward and it would be very difficult for the State to disprove, yet it remains the State’s duty to disprove it beyond reasonable doubt if the basis for it has been laid.’ [31] Furthermore, it was decided in S v Shivute 1991 NR 123 (HC) at 128 that: ‘In any case the law presumes that an accused is of sound mental health and is criminally responsible. When the issue is whether the accused was not criminally responsible because of a mental illness or defect, the onus of proof rests on the accused and as such onus must be discharged by proof on a balance of probabilities. However, when the issue is raised of the absence of criminal responsibility which is not the result of mental illness or defect and if a proper basis is laid in the evidence for the absence of criminal responsibility, then the accused must be given the benefit of the doubt on the issue of criminal responsibility if a reasonable doubt exists at the close of the case for the defence in regard to the cause of the absence of his criminal responsibility.’ (Emphasis added). [32] Concerning the evidence of State witnesses and their statements counsel for the defence made it a point of criticism that there were inconsistencies, contradictions, deficiencies or omissions in their police statements. ‘As regards the criticism omission it is known in the Courts that shortfalls in police interrogation and taking down of statements do occur: “Statements are not always complete, nor should they be expected to contain everything that a witness has said.”’ (S v Elia Avelinu and Others Case No. CC 6/2003 delivered on 22 November 2005). See also S v Hannekom, Case SA 4/2001 SC.
[11] It was further submitted that the accused was without means to pay a fine. One can only surmise that this was inferred from the accused being unemployed because no evidence was placed before the court as regards the accused’s ability to pay a fine. In fact, one is unable to glean from the record that this possibility was ever considered; neither is it stated in the magistrate’s subsequent remarks. [12] Whereas the magistrate failed to make any effort to enquire into the accused’s personal circumstances or financial circumstances and whether she would be able to pay a fine if it were to be imposed, it cannot simply be assumed that a fine was not an option open to the court; even if the accused is unemployed. It is settled law that when the accused, though unable to personally afford paying a fine, can make payment with the assistance of friends and family, then the court may impose a fine if it would be appropriate in the circumstances. [13] In our view, and due regard being had to the personal circumstances of the accused, this is an instance where the court should have considered imposing a fine instead of a custodial sentence. Prevalence of the offence and the accused’s intention to provide a trial awaiting prisoner with a drug are indeed aggravating factors which the trial court was entitled to take into account; however, it was clearly over-emphasised at the expense of the accused and in that regard the magistrate did not exercise his discretion judiciously. [14] The sentence imposed in this instance is shockingly inappropriate and cannot be permitted to stand. The circumstances of this case are not exceptional, justifying a custodial sentence of two years and though the principle of individualisation is recognised, sentence must not be decided in isolation but must be balanced against uniformity with previous cases (S v Strauss 1990 NR 71 (HC). It is evident from review cases that it has become the norm in the lower courts not to impose custodial sentences on first offenders in cases involving possession of small quantities of cannabis.
[2] The accused pleaded not guilty to both counts and he did not disclose the basis of his defence. [3] The evidence may be summarised as follows: Ms Ester Feris, the victim's class teacher, testified that on 1 April 2011 she was approached by the accused who informed her that his child (the victim) was not feeling well and he wanted to take her away from school in order to take her to the doctor. The witness informed the accused to go and inform the principal. He went and the child remained in class and he came back and said he had gone to the principal. He then took the child. The witness later went to the principal and asked him whether he was approached by the man who wanted to take the child away and the principal informed her that no one came to seek permission for a child. [4] It was put to the witness that the accused found the victim in the street and brought her to school and enquired whether the child had reported for classes. The witness disputed the accused’s version. It was again the accused’s instruction that the witness gave him permission to take the child and she never told him to go to the principal. [5] The evidence of Ms Anna Garises, an aunt to the victim, is that she was informed of this incident by the victim’s mother. Upon receiving the report, she went to the victim’s place and found the victim in a state of shock and crying. She smelt the victim’s underpants and it was smelling foul. She also observed blood spots on the underpants. The odour on the underpants smelt like someone who was having sex. She enquired from the child what happened and the child informed her that the accused took her from school and brought her home. He took off her underpants and took his penis. He inserted it into her vagina and turned her and inserted his penis in her annum. She further said, she was afraid to talk because the accused might beat her up or do something to her. At the time the witness was talking to the victim her mother was not at home. [6] Gerson Blaauw Kharuxab gave evidence that he is a step father to the victim and they shared a house with the accused and the victim. On 1 April 2011 in the
REPUBLIC OF NAMIBIA Reportable HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK JUDGMENT Case No: CC 16/2011 In the matter between: THE STATE and WENCEL GAWANAB ACCUSED Neutral citation: S v Gawanab (CC16-2011)[2015]NAHCMD 232 (25 September 2015) CORAM: NDAUENDAPO J Heard: 27 March 2015 Delivered: 25 September 2015 Flynote: Murder – Private defence – Novus actus interveniens - accused aggressor – stabbed deceased nine times – No evidence to corroborate private defence – Novus actus interveniens – removal of drips by deceased – Not cause of death – Accused guilty as charged.
(a) for the sake of disposing of cases expeditiously without fully enquiring into the details of the offence. Maintenance Act – Accused in arrears in substantial amount – Penalty provision – Substantial fine and periodical imprisonment – Offence in terms of s 39 of the Act not ‘minor’ or ‘trivial’ – Court not exercising its discretion judiciously when invoking s 112 (1) (a). Maintenance Act – Subsection 39 (2) provides for the defence of lack of means – Accused raised defence when informing court in mitigation of sentence that he was unemployed – Failure to record plea of not guilty – Misdirection – Conviction and sentence set aside. ORDER The conviction and sentence are set aside. The matter is remitted to the trial court in terms of s 312 (1) of Act 51 of 1977 with the direction to enter a plea of not guilty in terms of s 113 and to bring proceedings to its natural conclusion. JUDGMENT LIEBENBERG J: (Concurring SHIVUTE J) [1] In this case the accused appeared in the magistrate’s court for the district of Keetmanshoop on a charge of contravening s 11 (1) of the Maintenance Act 9 of 2003,
approached the accused’s cuca shop with a stick but it was removed from her. She hit the accused with her fist on the deceased neck and a fight ensued. The deceased fell to the ground and the accused managed to sit on top of the deceased. She eventually managed to pin the deceased’s arms down on the ground. She held the deceased’s neck with the left arm; and hit the deceased head with her right hand. She got up to fetch a bottle and hit the deceased on her face without realizing that the deceased had already died at that time she strangled her. The court found that the accused, at the time she was sitting on top of the deceased, was in full control of the situation and hereafter became the aggressor. She thus exceeded the bounds of self-defense. No direct intention to kill was proven. Her explanation that she simply wanted to render the deceased unconscious and her conduct afterwards created doubt whether she in fact appreciated the possibility that death would ensue i.e that she had intent in the form of dolus eventualis. The accused was found not guilty of murder but convicted of culpable homicide, a competent verdict on a charge of murder. ORDER 1. the accused is not guilty of murder; and 2. the accused is convicted of culpable homicide which is a competent verdict on a charge of murder. JUDGMENT TOMMASI J: [1] The accused was charged with murder in that she on 2 January 2012 murdered Monika Kondjeni Ndeshipanda by strangling her. The accused pleaded not guilty and raised the defense that she was acting in self-defense.
REPUBLIC OF NAMIBIA NOT REPORTABLE HIGH OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI SENTENCE Case no: CC 08/2012 In the matter between: THE STATE and SARA KAMUTUSHI ACCUSED Neutral citation: The State v Kamutushi (CC 08/2012) [2013] NAHCNLD 41 (17 July 2013) LIEBENBERG J Heard: 05 July 2013 Delivered: 17 July 2013 Flynote: Criminal procedure – Sentence – Accused convicted on charges of murder and concealment of birth – Accused having acted with direct intent. Sentence – Infanticide – Infants have as much right to protection of life as any other person – Accused committed premeditated murder acting with clear mind – Murder committed found to be no different from other cases of murder – Substantial sentence of imprisonment justified.
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK REVIEW JUDGMENT Case no.: CR 30 /2018 THE STATE v HENDRIK KANDANDO (HIGH COURT MAIN DIVISION REVIEW NO. 156/2018) Neutral citation: S v Kandando (CR 30/2018) [2018] NAHCMD 115 (02 May 2018) Coram: SHIVUTE J et SALIONGA AJ Delivered: 2 May 2018 Flynote: Criminal Law - Statutory offence – Accused charged with possession or use of potentially dangerous dependence producing drug – 11 Full Mandrax tablets – Contravening Section 3 (b) of Act 41 of 1971 – Mandrax not listed as potentially dangerous dependence producing drugs under Part 111 of the Schedule – What is listed is Methaqualone – State has the onus proving that Mandrax found in possession of accused contained Methaqualone – To be proved scientifically.
reminded that the court should adopt a humane approach when considering an appropriate sentence. [14] The crime committed by the accused led to the death of her domestic partner. It is aggravating that the deceased who was a healthy 71 year old father, lost his life. Domestic violence has become common place and the courts have imposed stiffer sentences in an attempt to deter others from resolving domestic disputes using violence. It somehow seems senseless that the deceased lost his life over what started our to be a quarrel over money. In this jurisdiction fatal assault with sticks are prevalent. General deterrence for crimes involving domestic assault is called for. I however do not lose sight of the fact that the accused acted after the accused refused to leave and verbally abused her. She has also suffered abuse over a period at the hands of the deceased. This lessens the moral blameworthiness of her actions. [15] Although I am mindful of her limited eyesight at the time and the persistence of the deceased, I cannot ignore the fact that she struck several blows of such force that she fractured the skull and ribs of the deceased. This is an aggravating factor. [16] Counsel for the accused referred this court to other decisions. The essential difference between those referred to by counsel and this case is the fact that the accused previously negligently caused the death of a person by using the same weapon. This demonstrates that the accused easily resorts to violence. This offence was committed during the period of suspension and I must conclude that this did not deter the accused from resorting to violence. One would have thought that negligently causing the loss of life of one person would have been enough to deter the accused from negligently causing the death of another person. Having considered this fact and her lack of genuine remorse, I am not persuaded that the accused would be a good candidate for reform in the form of community service or that it would be appropriate to consider personal deterrence as a form of punishment. [17] The daughter of the deceased felt that a fine would be appropriate. From this I infer that the family has shown compassion given the advanced age of the accused
REPUBLIC OF NAMIBIA HIGH OF NAMIBIA MAIN DIVISION, WINDHOEK Case No: CC 03/2013 THE STATE versus GREGORIUS LAURENTIUS KIDO Neutral citation: State v Kido (CC 3/2013) [2013] NAHCMD 253 (10 September 2013) Coram: SHIVUTE, J Heard: 2 – 3 September 2013 Delivered: 10 September 2013 Flynote: Criminal Procedure – Sentence – Accused convicted of murder – theft – assault with intent to do grievous bodily harm and assault by threat – Offences of assault with intent to do grievous bodily harm and assault by threat committed three hours after the first two crimes – Such evidencing different intentions – Sentence on theft ordered to run concurrently with sentence on murder count while sentence on assault by threat ordered to run concurrently with sentence on assault with intent to do grievous bodily harm. Summary: Criminal Procedure – Sentence – Accused convicted of murder – theft – Offences of assault with intent to do grievous bodily harm and assault by threat committed three hours after the first two
crimes – Such evidencing different intentions – Accordingly sentence on theft ordered to run concurrently with sentence on murder count while sentence on assault by threat ordered to run concurrently with sentence on assault with intent to do grievous bodily harm count. SENTENCE 1st Count : Murder with direct intent – 30 years imprisonment. 2nd Count : Theft – 6 months’ imprisonment. 4th Count : Assault with intent to do grievous bodily harm – 12 months imprisonment. 5th Count : Assault by threat – 3 months’ imprisonment. It is ordered that the sentence on the 2nd count is to run concurrently with the sentence on the 1st count while the sentence on the 5th count is to run concurrently with the sentence on the 4th count. SENTENCE SHIVUTE J: [1] The accused pleaded guilty to an indictment containing four counts namely: murder, theft, assault with intent to do grievous bodily harm and assault by threat. The counts were originally five but the State withdrew the third count. The accused was accordingly convicted as follows: 1st Count : Murder with direct intent. 2nd : Theft
The application is refused. The is directed to amend the indictment to exclude all allegations based upon the statutory definition of the word “corruptly” in the Anti-Corruption Act, 5 of 2004. ---------------------------------- PJ MILLER Judge APPEARANCES
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA NORTHERN LOCAL DIVISION, OSHAKATI RULING – APPLICATION IN TERMS OF S174 Case no: CC 13/2010 In the matter between: THE STATE and ALBIUS MOTTO LISELI ACCUSED Neutral citation: The State v Liseli (CC 13/2010) [2013] NAHCNLD 13 (18 March 2013) Coram: TOMMASI J Heard: 21-23,29/09/, 01,04,05,11-15,18,19/10/2010, 18-21,26/04/, 11,18,19, 21,25,26/07/, 14/11/2011, 02,03,10/04/, 24,25/09, 01,22/2012, 22/01/2013 Delivered: 18 March 2013 Flynote: Criminal Procedure – application for discharge – credibility of witnesses warned in terms of s204– some witnesses evidence suspect – evidence of one witness distinguished — Criminal Law – State adduced no direct evidence of accused active participation – by inference concluded accused committed an overt act by omission – failing to inform the authorities of overt act committed by others with hostile intent.- having expressed hostile intent – concluded that prima facie evidence was adduced of high treason. Summary: The accused was charge with high treason. After close of the State’s case he applied for discharge in terms of s174. It was not disputed that accused owed allegiance to Namibia, a sovereign State. He disputed that he committed an overt act with hostile intent. The State adduced prima facie evidence that he was
compelling circumstances existed to enable the court to impose a lesser sentence than that prescribed by the Act. Against these mitigating circumstances there is the aggravating fact that the crime was committed against a young victim of just 7 years, a victim who had been specially targeted for protection by the Legislature when it enacted the Act, and in regard of whom the Legislature has prescribed a heavy sentence which could only be departed from if the trial court found substantial and compelling circumstances to be present. Nevertheless, I am convinced that to impose under these circumstances a sentence of 15 years imprisonment would be unjust and grossly disproportionate to the crime, the criminal and the legitimate needs of society. This brings me to the alternative argument of Mr Small that the sentence is startlingly inappropriate in all the circumstances. By imposing a sentence of 7 years imprisonment and suspending more than half of the sentence, namely 4 years, the sentence imposed by the trial court is startlingly inappropriate. In doing so the court, in my opinion, overlooked two important issues, namely, the benchmark which was set by the prescribed sentence of 15 years, and the fact that the Legislature particularly extended protection to those persons who were most vulnerable, namely young children. I say that the court overlooked these issues because no mention was made thereof in the judgment of the court and the fact that the sentence of 7 (seven) years, of which 4 (four) years were suspended, does not reflect that due regard has been paid thereto.
warning statements) all three accused elected to be legally represented before making any statement. I pause here to remark that all this happened in the span of one day, a few hours after their arrest. [42] The reaction by the accused persons afterwards is unexpected and stands in sharp contrast with evidence about them ‘wanting to return the items they had taken (stolen)’ and them being co-operative, voluntarily admitting their guilt in the commission of the crimes. It appears to me that such conduct rather points to the contrary; more consistent with their defence denying any pointing out made by them. The accused persons further dispute having made any admission to Inspector Lungameni whereby they admitted their guilt. [43] According to the accused their rights were never explained to them simply because there was no pointing out. It is common cause that at no stage before the recording of the warning statements, was any of the rights explained to the accused, or any of the alleged statements or admissions made by the accused to any of the police officers, reduced to writing. In the absence of concrete documentary evidence as proof thereof, the only evidence on this score is the testimony of the police officers. While Sergeant Irmaly testified about Inspector Lungameni having explained to the accused persons (whilst together) their rights only once before any pointing out was made, Inspector Lungameni and Sergeants Shatika and Amunyela said this was done several times, every time before the accused made a pointing out. Amunyela took it a step further and said Inspector Lungameni asked accused no 3 after his pointing out whether he was threatened or assaulted in any way, and whether he was injured. Again there are notable contradictions in the respective versions of the police officers. [44] Accused no 3 had been in the custody of Inspector Lungameni from the time of his arrest up to the stage where the pointing out was made; what need would there have been to pose these questions to him? Neither Inspector Lungameni nor any of the other officers present gave evidence to that effect and it seems inevitable to conclude that Sergeant Amunyela invented this aspect of his evidence, probably attempting to give credence to evidence