S v Haobeb and Others (CRIMINAL 74 of 2011) [2011] NAHC 250 (23 August 2011)

IN THE HIGH COURT OF NAMIBIA CASE NO.: CR 74/2011 In the matter between: THE STATE and ERNEST ERWIN HAOBEB MERWIN GORASEB ROMEO ROMANUS @ ROLLAS (HIGH COURT REVIEW CASE NO.: 790/2010) (MAGISTRATE’S SERIAL NO.: 13/2010) CORAM: PARKER, J et SHIVUTE, J Delivered on: 2011 August 23 REVIEW JUDGMENT SHIVUTE, J: [1] The accused persons were convicted of the offence of theft and sentenced as follows: “N$1200.00 or 12 months imprisonment suspended for a period of 5 years on condition that accused is not convicted of theft or attempted theft during period of suspension” [2] The conviction is in order. However, I am not satisfied with the framing of the sentence. The sentence and its conditions must be very clear and specific to enable the accused to know what is expected of him. [3] The sentence and condition of suspension should read that each accused is sentenced and that the accused is not convicted of theft committed during the period of suspension. [4] In the result, the following order is made: (1) The conviction is confirmed. (2) The sentence is altered to read: Each accused is sentenced to one thousand two hundred (N$1200.00) fine or in default twelve (12) month’s imprisonment suspended for a period of five (5) years on condition that accused is not convicted of theft committed during the period of suspension. __________________ SHIVUTE, J I agree ___________________ PARKER, J