Court name
High Court Main Division
Case number
CRIMINAL 52 of 2013
Title

S v Tilonen (CRIMINAL 52 of 2013) [2013] NAHCMD 242 (15 August 2013);

Media neutral citation
[2013] NAHCMD 242
Coram
Hoff J
Unengu AJ













NOT REPORTABLE







REPUBLIC OF NAMIBIA



HIGH COURT OF NAMIBIA
MAIN DIVISION, WINDHOEK











JUDGMENT



Case no: CR: 52/2013



In the matter between:







THE STATE



and



KATHINDI TILONEN
.......................................................................................ACCUSED







(HIGH COURT MAIN DIVISION
REVIEW REF NO. 639/2013











Neutral citation:
State v Tilonen
(CR 52/2013) [2013] NAHCMD 242 (15 August 2013)











Coram: HOFF J and
UNENGU AJ







Delivered: 15
August 2013

































ORDER





The first condition of
the sentence is amended to read:







The accused is sentenced
to 4 (four) years imprisonment of which 2 (two) years are suspended
for 5 years on the following conditions:




  1. that the accused is not
    convicted of the offence of fraud committed during the period of
    suspension.










JUDGMENT









HOFF J (UNENGU AJ
concurring):







[1] The accused was
convicted of the crime of fraud in the amount of N$45 458.71 and
sentenced as follows:







4 (four)
years imprisonment of which 2 (two) years is suspended for 5 years on
the following condition;




  1. that accused is not convicted of any
    offence involving theft committed during the period of suspension.



  2. that the accused compensates the
    complainant Magdalena Jesaya of Erf 5594 Hans Dietrich Street,
    Donkerhoek, Windhoek, through the Clerk of the Court, Ondangwa the
    sum of N$41 672.81 on or before 31 December 2003.’








[2] I directed a query to
the magistrate which in part reads as follows:







Could you
please explain why there is no reference to the crime of fraud in the
suspended sentence?’







[3] The magistrate in his
reply readily admitted that reference to the crime of fraud should
have been referred to in the formulation of the suspended sentence.







[4] The second condition
of the suspended sentence which refers to compensation is in order.







[5] In the result the
first condition of the sentence is amended to read;







The accused is sentenced
to 4 (four) years imprisonment of which 2 (two) years are suspended
for 5 years on the following conditions:




  1. that the accused is not
    convicted of the offence of fraud committed during the period of
    suspension.
































----------------------------------



E P B HOFF



Judge



























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E P UNENGU



Acting Judge