S v Nawaseb and Another (CRIMINAL 45 of 2010) [2010] NAHC 102 (24 September 2010);
CASE
NO.: CR 45/2010
IN
THE HIGH COURT OF NAMIBIA
In
the matter between:
THE
STATE versus
RIAAN
NAWASEB GERHARD GANUSEB
[HIGH
COURT REVIEW CASE NO.: 1323/2010]
CORAM:
SWANEPOEL,
J et
SIBOLEKA,
J
Delivered
on: 2010 SEPTEMBER 24
REVIEW
JUDGMENT
SIBOLEKA,
J.:
[1]
The two accused aged 23 and 22 respectively, appeared in the District
Magistrate Court at Swakopmund on possession of suspected stolen
property in contravention of section 6 of Ordinance 12 of 1956.
They
pleaded guilty and after questioning in terms of section 112(1)(b) of
Act 51 of 1977 they were convicted.
[2]
The convictions are in order and will be confirmed.
[3]
The two accused were sentenced as follows:
"14
(Fourteen) months imprisonment of which 10 (Ten) months are suspended
for 5 years on condition each accused is not again convicted of C/S 6
of Ordinance 12 of 1956, being the offence of possession of suspected
stolen property for which the contravention occurs during the period
of suspension and in respect of which a term of imprisonment is
imposed without the option of a fine."
[4]
The manner in which this sentence is framed, is not clear,
particularly the words "for which the contravention occurs"and
therefore cannot be allowed to stand.
[5]
In the result:
The
convictions are confirmed.The
sentence imposed by the Magistrate on each accused is set aside and
substituted with the following:
Fourteen
(14) months imprisonment of which ten (10) months are suspended for
five (5) years on condition that the accused is not found guilty of
possession of suspected stolen property in contravention of section 6
of Ordinance 12 of
1956,
committed during the period of suspension, and in respect of which a
term of imprisonment is imposed without the option of a fine.
SIBOLEKA,
J
I
agree
SWANEPOEL,
J