S v Haraeb (3 of 2012) [2012] NAHC 21 (07 February 2012);
CASE NO.: CR 3/2012
“Not Reportable”
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
vs
MANFRED HARAEB
(HIGH COURT REVIEW CASE NO.:
2417/2011)
CORAM: PARKER, J et,
UNENGU, AJ
Delivered on: 2012 February 7
_________________________________________________________________
REVIEW
JUDGMENT
_________________________________________________________________
PARKER, J [1] The
accused pleaded guilty to the offence of assault with intent to do
grievous bodily harm. He was convicted on his own plea of guilty and
sentenced accordingly.
[2] The formulation of the condition
is wrong because the suspension is subjected to the condition that
both the commission of the offence and the accused’s conviction
should be within the suspended period of three years. A condition of
suspension should not be formulated in such a way as to include both
the commission of the offence and the conviction of the accused in
the period of suspension because, for all manner of reasons, it can
happen that the conviction only follows after the period of
suspension has expired. If that happens, the suspended imprisonment
cannot be put into operation because the accused has not been
convicted within the period of suspension.
[3] That being the case, the following
orders are made:
The conviction and sentence are
confirmed.
The condition of suspension is
deleted and the following condition is substituted therefor:
A fine of N$1 500-00 (one thousand
five hundred Namibia Dollars) or eight (8) months’ imprisonment
wholly suspended for three (3) years on condition that the accused is
not convicted of assault committed during the period of suspension.
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PARKER, J
I agree.
____________________
UNENGU, AJ