Court name
High Court
Case name
S v Nangolo
Media neutral citation
[2007] NAHC 18





CASE NO
















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