Court name
High Court
Case number
3 of 2012
Title

S v Haraeb (3 of 2012) [2012] NAHC 21 (07 February 2012);

Media neutral citation
[2012] NAHC 21
Coram
Parker J
Unengu AJ





CASE NO











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:








  1. The conviction and sentence are
    confirmed.









  1. 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.











____________________



PARKER, J







I agree.















____________________



UNENGU, AJ