REPUBLIC OF NAMIBIA

CASE NO.: CR 28/2011

IN THE HIGH COURT OF NAMIBIA 

In the matter between: 
STATE 
versus 
EKANDJO SEUN 

(HIGH COURT REVIEW CASE NO.: 2072/09)

CORAM:		VAN NIEKERK, J et SIMPSON, AJ 
Delivered on:	30 March 2011
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REVIEW JUDGMENT
VAN NIEKERK, J		[1]	The accused was convicted in the Magistrate’s Court sitting at Katutura on a charge of theft of a blank cheque and a charge of forgery in that the accused affixed an unauthorised signature to the cheque, after he made it payable to bearer in the amount of N$1500.

[2]	The magistrate took the counts together for sentence as they were closely related and sentenced the accused as follows:
“12 (twelve) months direct imprisonment, 6 months is suspended for 5 years on condition accused is not convicted of theft or forgery committed during the period of suspension to which the accused is sentenced to imprisonment without the option of a fine.”

[3]	When the matter was submitted on automatic review, Tommasi, J sought clarification from the trial magistrate on whether he intended to suspend 6 months of the 12 months imprisonment imposed, or whether his intention was to impose 12 months imprisonment plus an additional 6 months imprisonment suspended on the said condition.

[4]	The magistrate has responded, explaining that his intention was the first of the abovementioned two alternatives.  He asks that the sentence be worded more clearly.  I agree that this should be done.

[5]	The result is that the two convictions are confirmed.  The sentence is set aside and substituted with the following:
“The two counts are taken together for sentence.  The accused is sentenced to 12 (twelve) months imprisonment of which 6 (six) months imprisonment is suspended for 5 (five) years on condition that the accused is not convicted of theft or forgery committed within the period of suspension and for which imprisonment without the option of a fine is imposed.”

The sentence is backdated to 26 November 2009.

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VAN NIEKERK, J

I concur. 

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SIMPSON, AJ