S v Gariseb (5) (Review Judgment) (CR 11 of 2012) [2012] NAHC 35 (21 February 2012)

# S v Gariseb (5) (Review Judgment) (CR 11 of 2012) [2012] NAHC 35 (21 February 2012) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2012/35/eng@2012-02-21) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2012/35/eng@2012-02-21) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2012/35/eng@2012-02-21) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2012/35/eng@2012-02-21) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Gariseb \(5\) \(Review Judgment\) \(CR …&body=https://namiblii.org/akn/na/judgment/nahc/2012/35/eng@2012-02-21) [ Download RTF (692.7 KB) ](/akn/na/judgment/nahc/2012/35/eng@2012-02-21/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2012/35/eng@2012-02-21/source.pdf) Report a problem __ * Share * [ Download RTF (692.7 KB) ](/akn/na/judgment/nahc/2012/35/eng@2012-02-21/source) * [Download PDF](/akn/na/judgment/nahc/2012/35/eng@2012-02-21/source.pdf) * * * * * Report a problem __ ##### S v Gariseb (5) (Review Judgment) (CR 11 of 2012) [2012] NAHC 35 (21 February 2012) Copy citation * __Document detail * __Related documents Citation S v Gariseb (5) (Review Judgment) (CR 11 of 2012) [2012] NAHC 35 (21 February 2012) Copy Media Neutral Citation [2012] NAHC 35 Copy Court [High Court](/judgments/NAHC/) Case number CR 11 of 2012 Judges [Hoff J](/judgments/all/?judges=Hoff%20J), [Miller AJ](/judgments/all/?judges=Miller%20AJ) Judgment date 21 February 2012 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2012/35/eng@2012-02-21/attachment/s-v-gariseb-5-review-judgment-2012-nahc-35-21-february-2012.pdf) (49.2 KB) * * * Skip to document content **CASE NO.: CR 11/2012** __NOT REPORTABLE__ ### IN THE HIGH COURT OF NAMIBIA In the matter between: ### THE STATE and **MCARTNEY GARISEB** # # HIGH COURT REVIEW CASE NO.: 1887/2011 **CORAM:** HOFF, J _et_ MILLER, AJ Delivered on: 21 February 2012 ## REVIEW JUDGMENT _**HOFF, J**_**:**[1] The accused was convicted in the magistrate court of the crime of housebreaking with intent to steal and theft and sentenced as follows: “12 months imprisonment of which 6 months is suspended for 5 years on condition accused is not convicted of housebreaking and theft committed within the period of suspension.” [2] I directed a query at the magistrate to explain what was meant by “housebreaking and theft”. When the record was returned I was informed that the magistrate is no longer employed by the Ministry of Justice. [3] There is no such crime as “housebreaking and theft” and the condition of suspension needs to be rectified. [4] The conviction is confirmed but the sentence is amended to read as follows: 24 months imprisonment of which 6 months imprisonment are suspended for a period of 5 years on condition accused is not convicted of the crime of housebreaking with intent to steal and theft committed during the period of suspension. _______ ### HOFF, J I agree ___________ **MILLER, AJ** #### __Related documents ▲ To the top >