CASE
NO.: CR 77/2011

IN
THE HIGH COURT OF NAMIBIA

In
the matter between:

THE
STATE

and

RAYNOLD
SMEER

(HIGH
COURT REVIEW CASE NO.: 1457/2010)

(MAGISTRATE’S
SERIAL NO.: 22/2010)

CORAM: PARKER,
J et SHIVUTE, J

Delivered on: 2011
August 23

REVIEW
JUDGMENT

SHIVUTE,
J: [1] The
accused appeared in Okahandja Magistrate’s Court on a charge of
assault with intent to do grievous bodily harm and he was convicted
as charged. The conviction is in order. However, there is a problem
with the formulating of the sentence.

[2] The sentence
was phrased in the following terms:

“18 Months
imprisonment of which 6 months suspended for a period of 5 years on
condition accused is not convicted of assault grievous bodily harm
during period of suspension.

[3] The
conditions of suspension of sentence are not very clear therefore,
the accused is not in a position to understand and know how to behave
himself in compliance thereof.

[4] The conditions
of suspension should read that the accused is not convicted of
assault with intent to do grievous bodily harm committed
during the period of suspension. Please note that there is no
offence of assault grievous bodily harm.

[5] Having said
that, the following order is made:

(1) The conviction
is in order.

(2) The sentence
is altered to read:

Eighteen (18)
months’ imprisonment of which six (6) months are suspended for
a period of five (5) years on condition that the accused is not
convicted of assault with intent to do grievous bodily harm
committed during the period of suspension.

__________________

SHIVUTE, J

I
agree

___________________

PARKER,
J