CASE NO.: CR 74/2011
IN THE HIGH COURT OF NAMIBIA

In the matter between:

THE STATE 

and

ERNEST ERWIN HAOBEB
MERWIN GORASEB
ROMEO ROMANUS @ ROLLAS

(HIGH COURT REVIEW CASE NO.: 790/2010)
(MAGISTRATE’S SERIAL NO.: 13/2010)

CORAM:	PARKER, J et SHIVUTE, J
Delivered on:	2011 August 23

REVIEW JUDGMENT 
SHIVUTE, J:	[1]	The accused persons were convicted of the offence of theft and sentenced as follows:
“N$1200.00 or 12 months imprisonment suspended for a period of 5 years on condition that accused is not convicted of theft or attempted theft during period of suspension”
[2]	The conviction is in order.  However, I am not satisfied with the framing of the sentence.  The sentence and its conditions must be very clear and specific to enable the accused to know what is expected of him. 
[3]	The sentence and condition of suspension should read that each accused is sentenced and that the accused is not convicted of theft committed during the period of suspension.
[4]	In the result, the following order is made:
(1)	The conviction is confirmed.
(2)	The sentence is altered to read:
Each accused is sentenced to one thousand two hundred (N$1200.00) fine or in default twelve (12) month’s imprisonment suspended for a period of five (5) years on condition that accused is not convicted of theft committed during the period of suspension.

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SHIVUTE, J

I agree

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PARKER, J