S v Sinano (CRIMINAL 75 of 2011) [2011] NAHC 251 (23 August 2011);
CASE
NO.: CR 75/2011
IN
THE HIGH COURT OF NAMIBIA
In
the matter between:
THE
STATE
and
ROSA
SINANO
(HIGH
COURT REVIEW CASE NO.: 787/2010)
(MAGISTRATE’S
SERIAL NO.: 17/2010)
CORAM: PARKER,
J et SHIVUTE, J
Delivered on: 2011
August 23
REVIEW
JUDGMENT
SHIVUTE,
J: [1] The accused appeared before Okahandja
Magistrate’s Court and pleaded guilty to a charge of theft. He
was sentenced as follows:
“N$1200.00 (one
thousand two hundred) or 6 (six) months imprisonment of which
N$600.00 (six hundred) or 3 (three) months are suspended for a period
of 5 (five) years on condition that accused is not convicted of theft
or attempted theft during the period of suspension.”
[2] The
conviction is in order. However, the problem lies with the framing of
the sentence.
[3] I
did not find it necessary to raise the query with the trial
magistrate.
[4] In formulating
the sentence the word “committed” has been omitted from
the suspended sentence. The conditions of suspension must be clear
and specific as the accused must understand them and know how to
behave himself in compliance thereof.
[5] The condition
of suspension should read that the accused is not convicted of theft
committed during the period of suspension.
[6] In the result,
the following order is made:
(1) The conviction
is confirmed.
(2) The sentence
imposed is altered to read:
One thousand two
hundred (N$1200.00) or six (6) months imprisonment of which six
hundred (N$600.00) or three (3) months are suspended for a period of
five (5) years on condition that the accused is not convicted of
theft committed during the period of suspension.
__________________
SHIVUTE, J
I
concur
___________________
PARKER,
J