NOT
REPORTABLE
REPUBLIC
OF NAMIBIA
HIGH
COURT OF MAIN DIVISION, WINDHOEK
REVIEW
JUDGMENT
Case
no: CR44 /2013
In
the matter between:
THE
STATE
..................................................................................................APPLICANT
And
NGUTUPA
KAHUURE
.............................................................................RESPONDENT
(HIGH
COURT MAIN DIVISION CASE NO 1282-2012)
Neutral
citation: The State v Kahuure (1282/2012) [2013] NAHCMD 211 (24
July 2013)
Coram:
NDAUENDAPO J et SIBOLEKA J
Delivered:
24 July 2013
____________________________________________________________________
ORDER
______________________________________________________________________
(1)
The conviction is confirmed
(2)
The sentence is substituted with the following:
Fined
N$800.00(Eight Hundred Namibian Dollars) or in default of payment 3
months imprisonment wholly suspended for a period of 3 years on
condition that the accused is not convicted of theft or attempted
theft committed during the period of suspension.
NDAUENDAPO
J (SIBOLEKA J concurring):
[1]
The accused, Ngutupa Kahuure, appeared in the magistrates’
court of Swakopmund on a charge of theft.
He
pleaded guilty and was convicted as charged and the matter was
disposed of in terms of section 112 (1) (b) of act 51 of 1977. He was
sentenced as follows:
‘Fined
N$800.00 (eight hundred Namibian dollars) of which N$800.00 (eight
hundred Namibian dollars) is suspended for a period of 3 (three)
years on the following condition:
1.
That the accused is not convicted of theft or attempted theft,
committed during the period of suspension.’
Or
3
(three) month’s imprisonment of which 3 (three) months is
suspended for a period of 3 (three) years on the following condition:
1.
That the accused is not convicted of theft or attempted theft,
committed during the period of suspension.
[2]
The sentence is confusing, not in accordance with the law and cannot
be allowed to stand.
[3]
In the result, I make the following order
(1)
The conviction is confirmed
(2)
The sentence is substituted with the following:
Fined
N$800.00(Eight Hundred Namibian Dollars) or in default of payment 3
months imprisonment wholly suspended for a period of 3 years on
condition that the accused is not convicted of theft or attempted
theft committed during the period of suspension.
___________________
GN
NDAUENDAPO
JUDGE
____________________
AM
SIBOLEKA
JUDGE
S v Kahuure (CR44 /2013) [2013] NAHCMD 211 (24 July 2013);