CASE NO.: CR 15/2009
IN THE HIGH COURT OF NAMIBIA
HELD IN OSHAKATI
In the matter between:
THE STATE
and
FAMINI SHILONGO
(HIGH COURT REVIEW NO: 234/2007)
CORAM:
LIEBENBERG,
A.J et
SHIVUTE, A.J
Delivered on: 09 April 2009
REVIEW JUDGMENT:
LIEBENBERG, A.J.:
[1] The accused appeared before the Magistrate’s court Ondangwa,
on a charge of contravening section 6 of Ordinance 12 of 1956 –
Possession of suspected stolen property.
[2] He pleaded guilty and following
his conviction, was sentenced to a fine, wholly suspended.
[3] When the matter came on review,
the then Reviewing Judge directed a query to the magistrate
concerning the questioning done by the magistrate in terms of section
112 (1) (b) of the Criminal Procedure Act, Act 51 of 1977.
[4] The magistrate provided reasons
from which I am satisfied that the conviction is in accordance with
justice.
[5] Although the query directed to
the magistrate did not refer to the manner in which the suspended
sentence is framed, it is obvious that it cannot be permitted to
stand as it is incomplete. It reads:
“N$
1000 or 12 months imprisonment wholly suspended for 5 years on
condition not convicted of contravening section 6 of Ordinance 12 of
1956, within period suspension”. (sic)
[6] Besides the incompleteness of the
sentence the word “committed”
(once again!) is left out.
Several judgments on the same point have recently been delivered
involving the same magistrate and nothing needs to be added to what
already has been said.
See S
v. Aron Angula, Case No. CR
08/2009 delivered on 31 March 2009; S
v. Ziggy Speedo, Case No.
CR 06/2009 delivered on 17 March 2009; S
v. Lazarus Amakali,
Case No. CR 05/2009 delivered on 13 March 2009.
[7] In the result the following
orders are made:
The conviction is confirmed.
the sentence is altered to read:
“N$1000 or 12 months imprisonment
wholly suspended for 5 years on condition that the accused is not
convicted of contravening section 6 of Ordinance 12 of 1956,
committed during the period of suspension”.
_________________________
LIEBENBERG, A.J.
I Concur
________________________
SHIVUTE, A.J.
S v Shilongo (CR 15/2009) [2009] NAHC 46 (09 April 2009);