NOT REPORTABLE

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

JUDGMENT
	Case no: CR:  55/2013
In the matter between:

THE STATE
and
MAKENZIE  TSOWASEB	ACCUSED

(HIGH COURT MAIN DIVISION REVIEW REF NO.  666/2013

Neutral citation:	State v Tsowaseb (CR 55/2013) [2013] NAHCMD 244 (15 August 2013)

Coram:	HOFF J  and  SMUTS J

Delivered:	15 August 2013

ORDER

(a)	The conviction is confirmed.

(b)	The sentence is amended to read as follows:

N$3000 or 20 months imprisonment of which N$1500 or 10 months imprisonment are suspended for a period of 3 years on condition that the accused is not convicted of assault, assault with intent to do grievous bodily harm, or of domestic violence as defined in section 2 of Act 4 of 2003 committed during the period of suspension.

JUDGMENT

HOFF J (SMUTS J concurring):

[1]	The accused was convicted of assault with intent to do grievous bodily harm (read with the provisions of the Domestic Violence Act 4 0f 2003) and sentenced as follows:

	‘N$3 000.00 or 20 months imprisonment of which N$1 500.00 or 10 months imprisonment are suspended for a period of 3 years on condition that the accused is not convicted of assault, assault with intent to do grievous bodily harm or any offence under Act 4 of 2003 committed during the period of suspension.’

[2]	I directed a query to the magistrate enquiring whether that part of the sentence which refers to ‘any offence under Act 4 of 2003 committed during the period of suspension’ is not too wide and onerous.

[3]	The magistrate in her reply conceded that it is too wide and suggested that an amended sentence may read: ‘the accused is not convicted of contravening section 2 of Act 4 of 2003’.

[4]	Section 2 deals with the definition of domestic violence.

[5]	In the result the following orders are made:

(a)	The conviction is confirmed.

(b)	The sentence is amended to read as follows:

N$3000 or 20 months imprisonment of which N$1500 or 10 months imprisonment are suspended for a period of 3 years on condition that the accused is not convicted of assault, assault with intent to do grievous bodily harm, or of domestic violence as defined in section 2 of Act 4 of 2003 committed during the period of suspension.

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E P B  HOFF
Judge

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D  SMUTS
Judge