THE HIGH COURT OF NAMIBIA
NO.: CR 47/2012
the matter between:
COURT REVIEW CASE NO.: 1526/2011)
SERIAL NO.: 62/2011)
J et SHIVUTE, J
J:  The accused person appeared in the Magistrate’
Court Khorixas. He was convicted of the offence of Stock Theft read
with the provisions of Stock Theft Act, (Act 12 of 1990) as amended.
He was sentenced as follows:
“2 (two years’
imprisonment of which 1 (one) year is suspended for 3 (three) years
on condition accused is not convicted of theft taking into
considereation provisions of Stock Theft Act (12 of 1990) or theft
within period of suspsension.”
have no problem with the conviction. However, the problem lies with
the formulation of the sentence.
formulating the sentence the word “committed” has been
omitted from the suspended sentence. The conditions of suspension
must be clear and specific as the accused must understand them and
know how to behave himself in complainace thereof.
the result the following order is made:
(1) The conviction
(2) The sentence
is altered to read as follows:
Two (2) years’
imprisonment of which one (1) year is suspended for three (3) years
on condition that the accused is not convicted of theft taking into
consideration the provisions of the Stock Theft Act, (Act 12 of 1990)
or theft committed during the period of suspension.