IN
THE HIGH COURT OF NAMIBIA

HELD
IN WINDHOEK

CASE
NO.: CR 47/2012

In
the matter between:

THE
STATE

and

NICODEMUS
GEWERS

(HIGH
COURT REVIEW CASE NO.: 1526/2011)

(MAGISTRATE’S
SERIAL NO.: 62/2011)

CORAM: PARKER,
J et SHIVUTE, J

Delivered on: 2012
June 15

REVIEW
JUDGMENT

SHIVUTE,
J: [1] The accused person appeared in the Magistrate’
Court Khorixas. He was convicted of the offence of Stock Theft read
with the provisions of Stock Theft Act, (Act 12 of 1990) as amended.
He was sentenced as follows:

“2 (two years’
imprisonment of which 1 (one) year is suspended for 3 (three) years
on condition accused is not convicted of theft taking into
considereation provisions of Stock Theft Act (12 of 1990) or theft
within period of suspsension.”

[2] I
have no problem with the conviction. However, the problem lies with
the formulation of the sentence.

[3] 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 complainace thereof.

[4] In
the result the following order is made:

(1) The conviction
is confirmed.

(2) The sentence
is altered to read as follows:

Two (2) years’
imprisonment of which one (1) year is suspended for three (3) years
on condition that the accused is not convicted of theft taking into
consideration the provisions of the Stock Theft Act, (Act 12 of 1990)
or theft committed during the period of suspension.

__________________

SHIVUTE, J

I
agree.

___________________

PARKER,
J