CASE NO.: CR 2/2012
“Not Reportable”
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
vs
JOSE MENDOS
(HIGH COURT REVIEW CASE NO.: 2379/2011)
CORAM: PARKER, J et, UNENGU, AJ
Delivered on: 2012 February 7
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REVIEW JUDGMENT
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PARKER, J [1] In this matter the accused was convicted by the Katutura Magistrate’s Court on one count of attempted robbery and sentenced accordingly.
[2] The proceedings are in accordance with justice, but the formulation of the suspended part of the sentence is not clear; particularly, the crucial clause ‘is not convicted’ was left out of the formulation of the sentence.
[3] In the result, the conviction and sentence are confirmed; but the condition of suspension is deleted and the following is substituted therefor.
A fine of N$2 000-00 or six months’ imprisonment wholly suspended for five years on condition that the accused is not convicted of the offence of robbery or attempted robbery committed during the period of suspension.
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PARKER, J
I agree.
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UNENGU, AJ