CASE NO.: CR 55/2010
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
and

Delivered:   30 September 2010

REVIEW JUDGMENT

[2] On review I directed a query to the magistrate to explain which offences she had in mind when she referred to "any offence of which assault is an element". She responded that the condition of suspension should only refer to robbery with aggravating circumstances and asked that the sentence be amended as the original formulation is too broad.
[3] I agree that the condition is too broad. It is also vague, especially for an unrepresented accused, who probably would not know what offences have assault as an element.
[4] The result is that the convictions of both accused are confirmed. The sentence is amended to read:
"Each accused is sentenced to N$2000 (Two Thousand Namibia Dollars) or 12 (Twelve) months imprisonment of which N$1000 (One Thousand Namibia Dollars) or 6 (six) months imprisonment is suspended for 3 (Three) years on condition that the accused is not convicted of robbery with aggravating circumstances committed during the period of suspension."

VAN NIEKERK, J

I agree.

HOFF, J