Court name
High Court
Case number
30 of 2012
Title

S v Gameb (30 of 2012) [2012] NAHC 107 (17 April 2012);

Media neutral citation
[2012] NAHC 107
Coram
Parker J
Shivute J





CASE NO















CASE NO.: CR 30/2012







Not
Reportable”











IN THE HIGH COURT OF NAMIBIA







In the matter between:











THE STATE







vs







HENDRICK GAMEB







(HIGH COURT REVIEW CASE NO.:
628/2012)











CORAM: PARKER J et,
SHIVUTE J







Delivered on: 2012 April 17



_________________________________________________________________







REVIEW
JUDGMENT



_________________________________________________________________



PARKER, J [1] Before the
Windhoek Magistrates Court, the accused pleaded guilty to the offence
of contravening s. 2(b) of Act No. 41 of 1971. He was found guilty on
his own plea and sentenced accordingly.











[2] The formulation of the condition
is wrong because the suspension is subjected to the condition that
both the commission of the offence and the accused’s conviction
should take place within the suspended period of five years. A
condition of suspension should not be formulated in such a way as to
include both the commission of the offence and the conviction of the
accused in the period of suspension because, for all manner of
reasons, it can happen that while the offence is committed during the
period of suspension, conviction only follows after the period of
suspension has expired. If that happens, the suspended imprisonment
cannot be put into operation because the accused would not been
convicted within the period of suspension.







[3] In the result, I make the
following order:








  1. The conviction and sentence are
    confirmed.









  1. The condition of suspension is
    deleted and the following condition is substituted therefor:








A fine of two thousand Namibia Dollars
(N$2, 000.00) or in default of payment 18 months’ imprisonment
which are wholly suspended for a period of five years on condition
that the accused is not convicted of the offence of contravening s.
2(b), read with relevant provisions and Part I, of Act No. 41 of
1971, committed during the period of suspension.



















__________________



PARKER, J







I agree.



















__________________



SHIVUTE, J