S v Sitali (21 of 2012) [2012] NAHC 82 (20 March 2012)

# S v Sitali (21 of 2012) [2012] NAHC 82 (20 March 2012) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2012/82/eng@2012-03-20) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2012/82/eng@2012-03-20) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2012/82/eng@2012-03-20) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2012/82/eng@2012-03-20) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Sitali \(21 of 2012\) \[2012\] …&body=https://namiblii.org/akn/na/judgment/nahc/2012/82/eng@2012-03-20) [ Download RTF (489.6 KB) ](/akn/na/judgment/nahc/2012/82/eng@2012-03-20/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2012/82/eng@2012-03-20/source.pdf) Report a problem __ * Share * [ Download RTF (489.6 KB) ](/akn/na/judgment/nahc/2012/82/eng@2012-03-20/source) * [Download PDF](/akn/na/judgment/nahc/2012/82/eng@2012-03-20/source.pdf) * * * * * Report a problem __ ##### S v Sitali (21 of 2012) [2012] NAHC 82 (20 March 2012) Copy citation * __Document detail * __Related documents Citation S v Sitali (21 of 2012) [2012] NAHC 82 (20 March 2012) Copy Media Neutral Citation [2012] NAHC 82 Copy Court [High Court](/judgments/NAHC/) Case number 21 of 2012 Judges [Siboleka J](/judgments/all/?judges=Siboleka%20J), [Parker J](/judgments/all/?judges=Parker%20J) Judgment date 20 March 2012 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2012/82/eng@2012-03-20/attachment/s-v-sitali-2012-nahc-82-20-march-2012.pdf) (91.3 KB) * * * Skip to document content **CASE NO.: CR 21/2012** “ _Not Reportable”_ **IN THE HIGH COURT OF NAMIBIA** In the matter between: **THE STATE** **vs** **SITALI SISEHO SITALI** _(HIGH COURT REVIEW CASE NO.: 309/2012)_ _**CORAM**_**: PARKER J** _et_**, SIBOLEKA J** Delivered on: 2012 March 20 _________________________________________________________________ **REVIEW JUDGMENT** _________________________________________________________________ _**PARKER, J**_ [1] Before the Katima Mulilo Magistrates Court, the accused pleaded guilty to the common law charge of escaping from lawful custody. He was found guilty on his own plea and sentenced accordingly. [2] The formulation of the condition is wrong because the suspension is subjected to the condition that both the commission of the offence and the accused’s conviction should take place within the suspended period of 12 months. A condition of suspension should not be formulated in such a way as to include both the commission of the offence and the conviction of the accused in the period of suspension because, for all manner of reasons, it can happen that the conviction only follows after the period of suspension has expired. If that happens, the suspended imprisonment cannot be put into operation because the accused would not been convicted within the period of suspension. Additionally, a sentence of a fine that merely says ‘One thousand Namibia dollars (N$1,000-00)’, for example, is, with respect, meaningless. The phrase ‘A fine of’ should proceed what is in reality a fine. [3] In the result, I make the following order: 1. The conviction and sentence are confirmed. 2. The condition of suspension is deleted and the following condition is substituted therefor: A fine of one thousand Namibian dollars (N$1 000-00) or in default of payment six (6) months’ imprisonment, of which two hundred dollars (N$200-00) or two months are suspended for a period of three (3) years on condition that the accused is not convicted of the common law offence of escaping from lawful custody, committed during the period of suspension. **__________________** **PARKER, J** _**I agree.**_ **__________________** **SIBOLEKA, J** #### __Related documents ▲ To the top >