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
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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.
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SILUNGWE, AJ
I agree
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LIEBENBERG, AJ