S v Amakali (CRIMINAL 5 of 2009)  NAHC 53 (01 January 2009);
CASE NO.: CR 05/2009
IN THE HIGH COURT OF NAMIBIA HELD
In the matter between:
(High court Review no 60/09)
The accused in this case appeared in the Ondangwa Magistrate’s
Court on a single count of theft of N$500 in cash, to which he
pleaded guilty. Subsequent thereto he was convicted and sentenced to
a wholly suspended sentence which is framed in the following terms:
or 5 (five) months imprisonment wholly suspended for 5 (five) years
on condition: 1. Accused is not convicted of theft within period of
conviction is in order and will be confirmed, however the sentence is
not as the word “committed” has been omitted from the suspended
sentence. The condition of suspension should read that the accused
should not (again) be convicted of theft committed
during the period of suspension
and not that he should not be convicted of theft during
the period of suspension.
There is a difference. The sentence as it now reads cannot be
allowed to stand and has to be amended.
 In the result the following
orders are made:
The conviction is confirmed.
The sentence is
amended to read: N$800 or 5 months imprisonment wholly suspended for
5 years on condition that the accused is not convicted of theft
committed during the period of suspension.