S v Lipinge (Case No.: CR 59/2008) [2008] NAHC 47 (02 June 2008);

Group

Full judgment
CASE NO


CASE NO.: CR 59/2008

IN THE HIGH COURT OF NAMIBIA

In the matter between:


THE STATE

vs

HELENA IIPINGE
FILLIPUS IIPINGE

(HIGH COURT REVIEW CASE NO.: 694/2008)


CORAM:            SILUNGWE, AJ et LIEBENBERG, AJ

Delivered on:    2008.06.02
___________________________________________________________________________

REVIEW JUDGMENT

SILUNGWE, AJ     [1]      Both accused were convicted of theft and sentenced as follows:

Accused 1 and 2 are sentenced to a fine of N$3000-00 or 30 months imprisonment of which a fine of N$1000-00 or 6 months imprisonment is suspended in total for a period of 4 years that each accused is not convicted of theft committed during the period of suspension.

[2]      As the formulation of the suspended part of the sentence was not properly done, the following order is made:

1.       The convictions of both accused are confirmed.

2.       The sentences imposed in respect of both accused are set aside and substituted with the following sentence:
Each accused is sentenced to a fine of N$3000-00 or 30 months imprisonment, N$1000-00 of which or 6 months imprisonment will be suspended for 4 years on condition that the accused is not convicted of theft committed during the period of suspension.

         3.       The sentence is backdated to November 22, 2007.


______________________
SILUNGWE, AJ


I agree



_______________________
LIEBENBERG, AJ
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