Court name
High Court
Case name
S v Nangolo
Media neutral citation
[2007] NAHC 164




















CASE
NO.: CR 65/07






IN
THE HIGH COURT OF NAMIBIA



In the matter
between:



THE STATE






versus






NDINELAGO
NANGOLO






(HIGH
COURT REVIEW CASE NO.: 489/07)







CORAM:
MAINGA,
et
VAN
NIEKERK, JJ



Delivered on:
2007-04-25



REVIEW
JUDGMENT
:


VAN
NIEKERK, J
:





[1] The
accused in this matter was convicted in the Oshakati magistrate's
court of theft of clothes from Jet Stores. She pleaded guilty and
was sentenced as follows:







"N$500
or 12 months wholly suspended for 5 years that accused is not
convicted of theft or any other offence of which theft became an
elements committed during the period of suspension."





2






[2] The
conviction is in order but the formulation of the sentence does not
make sense. Firstly, the words "on condition that" have
been omitted. Secondly, it is not clear what the words "theft
became an elements" mean. Theft cannot "become" an
element of an offence. I think these words should simply be deleted.





[3] In
the result the following order is made:






1. The conviction
is confirmed.





2. The
sentence is confirmed, but formulated to read as follows:






"N$500 (five
hundred Namibian dollars) or 12 (twelve) months imprisonment wholly
suspended for 5 (five) years on condition that the accused is not
convicted of the offence of theft committed during the period of
suspension."











______________________________



VAN NIEKERK, J









3










I agree










_______________________________



MAINGA,J