S v Shapange (CRIMINAL 3 of 2010) [2011] NAHC 29 (02 February 2011);
CASE
NO.: CR 03/2010
IN
THE HIGH COURT OF NAMIBIA HELD AT OSHAKATI
In
the matter between:
THE
STATE
and
SHITENI
SHAPANGE
(HIGH
COURT REVIEW CASE NO.: 08/2011) CORAM:
LIEBENBERG,
J. el
TOMMASI,
J.
Delivered
on: 02.02.2011
REVIEW
JUDGMENT
LIEBENBERG,
J.: [1]
The accused appeared in the Magistrate's Court Oshakati on a charge
of contravening s 2 (b) of Act 41 of 1971 (Possession of cannabis)
and subsequent to his plea of guilty, he was convicted and sentenced
as follows:
"N$600.00 or
6 months of which N$300.00 or 3 months is suspended for 3 years on
condition that accused is not convicted of an offence of contravening
section 2 (a) or 2 (b) of Act 41 of 1971."
[2]
The conviction is in order and will be confirmed. The sentence,
however, is not as one of the conditions of the suspended portion of
the sentence was omitted, ie that the accused should not again be
convicted of a similar offence committed
during the period of suspension;
and it therefore has to be corrected. Acknowledging the oversight on
review, the magistrate requested the Court to correct the sentence
accordingly.
[3]
In the result, the Court makes the following order:
The
conviction is confirmed.
The
sentence is amended to read: "N$600.00 or 6 months imprisonment
of which N$300.00 or 3 months imprisonment is suspended for 3 years
on condition that the accused is not convicted of an offence in
contravention of s 2 (a) or (b) of Act 41 of 1971, committed during
the period of suspension."
LIEBENBERG,
J
I
agree.
TOMMASI,
J