S v Lipinge (CRIMINAL 59 of 2008) [2008] NAHC 47 (2 June 2008)




CASE NO.: CR 59/2008


IN THE HIGH COURT OF NAMIBIA


In the matter between:



THE STATE


vs


HELENA IIPINGE

FILLIPUS IIPINGE


(HIGH COURT REVIEW CASE NO.: 694/2008)



CORAM: SILUNGWE, AJ et LIEBENBERG, AJ


Delivered on: 2008.06.02

___________________________________________________________________________


REVIEW JUDGMENT


SILUNGWE, AJ [1] Both accused were convicted of theft and sentenced as follows:


Accused 1 and 2 are sentenced to a fine of N$3000-00 or 30 months imprisonment of which a fine of N$1000-00 or 6 months imprisonment is suspended in total for a period of 4 years that each accused is not convicted of theft committed during the period of suspension.


[2] As the formulation of the suspended part of the sentence was not properly done, the following order is made:


1. The convictions of both accused are confirmed.


2. The sentences imposed in respect of both accused are set aside and substituted with the following sentence:

Each accused is sentenced to a fine of N$3000-00 or 30 months imprisonment, N$1000-00 of which or 6 months imprisonment will be suspended for 4 years on condition that the accused is not convicted of theft committed during the period of suspension.


3. The sentence is backdated to November 22, 2007.



______________________

SILUNGWE, AJ



I agree




_______________________

LIEBENBERG, AJ

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