REPUBLIC OF NAMIBIA NOT REPORTABLE
HIGH COURT OF NAMIBIA, MAIN DIVISION
JUDGMENT
CR No: 35/2017
In the matter between:
THE STATE
And
CARLOS FREY
HIGH COURT MD REVIEW CASE NO 644/2017
Neutral citation: S v Frey (CR 35/2017) [2017] NAHCMD 149 (24 May 2017)
CORAM: LIEBENBERG J et SHIVUTE J
DELIVERED: 24 May 2017
ORDER
The conviction is confirmed.
The sentence is confirmed but amended to read: N$3 000 or 10 months’ imprisonment of which N$2 000 or 7 months’ imprisonment is suspended for a period of 5 years on condition that the accused is not convicted of theft, committed during the period of suspension.
JUDGMENT
LIEBENBERG J: (Concurring SHIVUTE J)
[1] The accused was convicted on his plea of guilty of the offence of theft and sentenced to a fine, partly suspended on the usual conditions. The conviction is in order and will be confirmed.
[2] In a query directed to the presiding magistrate it was pointed out that the formulation of the suspended sentence was improper in that it did not read that the accused should not be convicted of the prohibited offence committed during the period of suspension. In her reply the magistrate conceded the oversight and proposed that the sentence be corrected accordingly.
[3] In the result, it is ordered:
The conviction is confirmed.
The sentence is confirmed but amended to read: N$3 000 or 10 months’ imprisonment of which N$2 000 or 7 months’ imprisonment is suspended for a period of 5 years on condition that the accused is not convicted of theft, committed during the period of suspension.
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J C LIEBENBERG
JUDGE
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N N SHIVUTE
JUDGE