S v Mendos (2 of 2012) [2012] NAHC 22 (7 February 2012)



CASE NO.: CR 2/2012


Not Reportable”


IN THE HIGH COURT OF NAMIBIA


In the matter between:



THE STATE


vs


JOSE MENDOS


(HIGH COURT REVIEW CASE NO.: 2379/2011)


CORAM: PARKER, J et, UNENGU, AJ


Delivered on: 2012 February 7

_________________________________________________________________


REVIEW JUDGMENT

_________________________________________________________________

PARKER, J [1] In this matter the accused was convicted by the Katutura Magistrate’s Court on one count of attempted robbery and sentenced accordingly.


[2] The proceedings are in accordance with justice, but the formulation of the suspended part of the sentence is not clear; particularly, the crucial clause ‘is not convicted’ was left out of the formulation of the sentence.


[3] In the result, the conviction and sentence are confirmed; but the condition of suspension is deleted and the following is substituted therefor.


A fine of N$2 000-00 or six months’ imprisonment wholly suspended for five years on condition that the accused is not convicted of the offence of robbery or attempted robbery committed during the period of suspension.




____________________

PARKER, J


I agree.





____________________

UNENGU, AJ

▲ To the top