S v Muhero (CRIMINAL 74 of 2010) [2010] NAHC 155 (14 October 2010)

CASE NO.: CR 74/2010 “Not Reportable” IN THE HIGH COURT OF NAMIBIA In the matter between: THE STATE vs MUFAYA MUHERO (HIGH COURT REVIEW CASE NO.: 1544/2010) CORAM: PARKER, J et SHIVUTE, J Delivered on: 2010 October 14 _________________________________________________________________________ REVIEW JUDGMENT _________________________________________________________________________ PARKER, J [1] In this matter the accused was convicted by the Rundu Magistrate’s Court on one count of assault with intent to do grievous bodily harm and sentenced accordingly. - 2 - [2] The proceedings are in accordance with justice, but the formulation of the suspended part of the sentence is not clear; particularly the crucial word ‘committed’ was left out in the formulation of the sentence. [3] In the result, the conviction is confirmed and the sentence is set aside. The formulation of the sentence is altered accordingly so as to insert the word ‘committed’ therein as follows: Three thousand Namibia Dollars (N$3, 000.00) or twenty-eight (28) months’ imprisonment, of which two thousand Namibia Dollars (N$2, 000.00) and twenty (20 months) are suspended for four (4) years on condition that the accused is not convicted of the offence of assault with intent to do grievous bodily harm committed during the period of suspension. ______________________ PARKER, J I agree. _______________________ SHIVUTE, J