S v Lipinge (CRIMINAL 59 of 2008) [2008] NAHC 47 (2 June 2008)

IN THE HIGH COURT OF NAMIBIA CASE NO.: CR 59/2008 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