CASE NO.: CR 74/2011
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
and
ERNEST ERWIN HAOBEB
MERWIN GORASEB
ROMEO ROMANUS @ ROLLAS
(HIGH COURT REVIEW CASE NO.: 790/2010)
(MAGISTRATE’S SERIAL NO.: 13/2010)
CORAM: PARKER, J et SHIVUTE, J
Delivered on: 2011 August 23
REVIEW JUDGMENT
SHIVUTE, J: [1] The accused persons were convicted of the offence of theft and sentenced as follows:
“N$1200.00 or 12 months imprisonment suspended for a period of 5 years on condition that accused is not convicted of theft or attempted theft during period of suspension”
[2] The conviction is in order. However, I am not satisfied with the framing of the sentence. The sentence and its conditions must be very clear and specific to enable the accused to know what is expected of him.
[3] The sentence and condition of suspension should read that each accused is sentenced and that the accused is not convicted of theft committed during the period of suspension.
[4] In the result, the following order is made:
(1) The conviction is confirmed.
(2) The sentence is altered to read:
Each accused is sentenced to one thousand two hundred (N$1200.00) fine or in default twelve (12) month’s imprisonment suspended for a period of five (5) years on condition that accused is not convicted of theft committed during the period of suspension.
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SHIVUTE, J
I agree
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PARKER, J