CASE NO.: CR 2/2012

“Not Reportable”

IN THE HIGH COURT OF NAMIBIA

In the matter between:

THE STATE

vs

JOSE MENDOS

(HIGH COURT REVIEW CASE NO.:
2379/2011)

CORAM: PARKER, J et,
UNENGU, AJ

Delivered on: 2012 February 7

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REVIEW
JUDGMENT

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PARKER, J [1] In this
matter the accused was convicted by the Katutura Magistrate’s
Court on one count of attempted robbery and sentenced accordingly.

[2] The proceedings are in accordance
with justice, but the formulation of the suspended part of the
sentence is not clear; particularly, the crucial clause ‘is not
convicted’ was left out of the formulation of the sentence.

[3] In the result, the conviction and
sentence are confirmed; but the condition of suspension is deleted
and the following is substituted therefor.

A fine of N$2 000-00 or six months’
imprisonment wholly suspended for five years on condition that the
accused is not convicted of the offence of robbery or attempted
robbery committed during the period of suspension.

____________________

PARKER, J

I agree.

____________________

UNENGU, AJ