CASE
NO.: CR 17/2009

IN THE HIGH COUR OF NAMIBIA HELD

IN OSHAKATI

In the matter between:

THE STATE

and

JOHANNES KANYEMBO

(HIGH
COURT CASE NO.:98/2009)

CORAM:
LIEBENBERG, A.J et
SHIVUTE, A.J

Delivered on: 01 June 2009

REVIEW
JUDGMENT:

LIEBENBERG.
A.J. [1] Accused
appeared before the Ondangwa Magistrate’s court on a charge of
escaping before incarceration in Contravention of section 51 of the
Criminal Procedure Act, 1977 (Act 51 of 1977). He pleaded guilty and
subsequent thereto, was convicted and sentenced to:

“6
(six) months direct imprisonment of which 3 (three) months is
suspended for 5 (five) years on condition not convicted of escaping
c/s 51 Act 51 of 1977 within period of suspension.”

[2]
In framing the sentence the magistrate omitted to state that the
accused should not be convicted of the specified offence committed
during the period of
suspension.

[3]
In the result, the conviction is confirmed but the sentence imposed
is amended to read:

“6
(six) months imprisonment of which 3 (three) is suspended for 5
(five) years on condition that the accused is not convicted of
escaping before incarceration in contravention of section 51 Act 51
of 1977, committed during the period of suspension”.

________________________(Signed)

LIEBENBERG,
A.J

I
concur

_________________________(Signed)

SHIVUTE,
A.J