S v Gewers (47 of 2012) [2012] NAHC 177 (15 June 2012)

# S v Gewers (47 of 2012) [2012] NAHC 177 (15 June 2012) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2012/177/eng@2012-06-15) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2012/177/eng@2012-06-15) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2012/177/eng@2012-06-15) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2012/177/eng@2012-06-15) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Gewers \(47 of 2012\) \[2012\] …&body=https://namiblii.org/akn/na/judgment/nahc/2012/177/eng@2012-06-15) [ Download RTF (404.3 KB) ](/akn/na/judgment/nahc/2012/177/eng@2012-06-15/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2012/177/eng@2012-06-15/source.pdf) Report a problem __ * Share * [ Download RTF (404.3 KB) ](/akn/na/judgment/nahc/2012/177/eng@2012-06-15/source) * [Download PDF](/akn/na/judgment/nahc/2012/177/eng@2012-06-15/source.pdf) * * * * * Report a problem __ ##### S v Gewers (47 of 2012) [2012] NAHC 177 (15 June 2012) Copy citation * __Document detail * __Related documents * __Citations 1 / - Citation S v Gewers (47 of 2012) [2012] NAHC 177 (15 June 2012) Copy Media Neutral Citation [2012] NAHC 177 Copy Court [High Court](/judgments/NAHC/) Case number 47 of 2012 Judges [Shivute J](/judgments/all/?judges=Shivute%20J), [Parker J](/judgments/all/?judges=Parker%20J) Judgment date 15 June 2012 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2012/177/eng@2012-06-15/attachment/s-v-gewers-2012-nahc-177-15-june-2012.pdf) (216.9 KB) * * * Skip to document content **CASE NO.: CR 47/2012** **IN THE HIGH COURT OF NAMIBIA** **HELD IN WINDHOEK** In the matter between: **THE STATE** and **NICODEMUS GEWERS** **(HIGH COURT REVIEW CASE NO.: 1526/2011)** **(MAGISTRATE’S SERIAL NO.: 62/2011)** _**CORAM**_ : **PARKER, J** _**et**_**SHIVUTE, J** Delivered on: 2012 June 15 _**REVIEW JUDGMENT**_ _**SHIVUTE**_ _**,**__**J:**_ [1] The accused person appeared in the Magistrate’ Court Khorixas. He was convicted of the offence of Stock Theft read with the provisions of Stock Theft Act, ([Act 12 of 1990](/akn/na/act/1990/12)) as amended. He was sentenced as follows: “ _2 (two years’ imprisonment of which 1 (one) year is suspended for 3 (three) years on condition accused is not convicted of theft taking into considereation provisions of Stock Theft[Act (12 of 1990)](/akn/na/act/1990/12) or theft within period of suspsension.”_ [2] I have no problem with the conviction. However, the problem lies with the formulation of the sentence. [3] In formulating the sentence the word “committed” has been omitted from the suspended sentence. The conditions of suspension must be clear and specific as the accused must understand them and know how to behave himself in complainace thereof. [4] In the result the following order is made: (1) The conviction is confirmed. (2) The sentence is altered to read as follows: Two (2) years’ imprisonment of which one (1) year is suspended for three (3) years on condition that the accused is not convicted of theft taking into consideration the provisions of the Stock Theft Act, ([Act 12 of 1990](/akn/na/act/1990/12)) or theft _committed_ during the period of suspension. __________________ SHIVUTE, J I agree. ___________________ PARKER, J #### __Related documents ▲ To the top >