Court name
High Court
Case number
CRIMINAL 59 of 2008
Title

S v Lipinge (CRIMINAL 59 of 2008) [2008] NAHC 47 (02 June 2008);

Media neutral citation
[2008] NAHC 47



CASE NO






CASE NO.: CR 59/2008


IN THE HIGH COURT OF NAMIBIA




In the matter between:






THE STATE




vs



HELENA IIPINGE

FILLIPUS IIPINGE




(HIGH COURT REVIEW CASE NO.: 694/2008)






CORAM:  
        
SILUNGWE, AJ
et LIEBENBERG, AJ



Delivered on:   
2008.06.02


___________________________________________________________________________





REVIEW JUDGMENT



SILUNGWE, AJ    
[1]     
Both accused were convicted of theft and sentenced as follows:




Accused 1 and 2 are sentenced to a fine of N$3000-00 or 30 months imprisonment of which a fine of N$1000-00 or 6 months imprisonment is suspended in total for a period of 4 years that each accused is not convicted of theft committed during the period of suspension.



[2]     
As the formulation of the suspended part of the sentence was not properly done, the following order is made:




1.      
The convictions of both accused are confirmed.




2.      
The sentences imposed in respect of both accused are set aside and substituted with the following sentence:


Each accused is sentenced to a fine of N$3000-00 or 30 months imprisonment, N$1000-00 of which or 6 months imprisonment will be suspended for 4 years on condition that the accused is not convicted of theft committed during the period of suspension.



        
3.      
The sentence is backdated to November 22, 2007.







______________________

SILUNGWE, AJ






I agree








_______________________

LIEBENBERG, AJ