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