S v Mouton (CRIMINAL 76 of 2011) [2011] NAHC 253 (23 August 2011)

# S v Mouton (CRIMINAL 76 of 2011) [2011] NAHC 253 (23 August 2011) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2011/253/eng@2011-08-23) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2011/253/eng@2011-08-23) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2011/253/eng@2011-08-23) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2011/253/eng@2011-08-23) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Mouton \(CRIMINAL 76 of 2011\) …&body=https://namiblii.org/akn/na/judgment/nahc/2011/253/eng@2011-08-23) [ Download RTF (406.4 KB) ](/akn/na/judgment/nahc/2011/253/eng@2011-08-23/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2011/253/eng@2011-08-23/source.pdf) Report a problem __ * Share * [ Download RTF (406.4 KB) ](/akn/na/judgment/nahc/2011/253/eng@2011-08-23/source) * [Download PDF](/akn/na/judgment/nahc/2011/253/eng@2011-08-23/source.pdf) * * * * * Report a problem __ ##### S v Mouton (CRIMINAL 76 of 2011) [2011] NAHC 253 (23 August 2011) Copy citation * __Document detail * __Related documents Citation S v Mouton (CRIMINAL 76 of 2011) [2011] NAHC 253 (23 August 2011) Copy Media Neutral Citation [2011] NAHC 253 Copy Court [High Court](/judgments/NAHC/) Case number CRIMINAL 76 of 2011 Judges [Shivute J](/judgments/all/?judges=Shivute%20J), [Parker J](/judgments/all/?judges=Parker%20J) Judgment date 23 August 2011 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2011/253/eng@2011-08-23/attachment/s-v-mouton-2011-nahc-253-23-august-2011.pdf) (171.5 KB) * * * Skip to document content **CASE NO.: CR 76/2011** **IN THE HIGH COURT OF NAMIBIA** In the matter between: **THE STATE** and **PAUL MOUTON** **(HIGH COURT REVIEW CASE NO.: 788/2010)** **(MAGISTRATE’S SERIAL NO.: 12/2010)** _**CORAM**_ : **PARKER, J** _**et**_**SHIVUTE, J** Delivered on: 2011 August 23 _**REVIEW JUDGMENT**_ _**SHIVUTE**_ _**,**__**J:**_ [1] The accused was charged with the offence of assault with intent to do grievous bodily harm and convicted as such. [2] He was sentenced to 12 (twelve) months imprisonment, of which ½ suspended for a period of 5 (five) years on condition accused is not convicted of assault grievous bodily harm during period of suspension. [3] The conviction is in order. However, there is a problem with the framing of the sentence. The sentence must be clear as well as its conditions so that the accused must know what is expected of him. [4] The following words were omitted from the conditions of sentence: _With intent to do_ and _committed_. The conditions of suspension should read that the accused is not convicted of assault _with intent to do_ grievous bodily harm _committed_ during the period of suspension. [5] In the premises, the following order is made: (1) The conviction is confirmed. (2) The sentence is altered to read: Twelve (12) months imprisonment, of which six (6) months is suspended for five (5) years on condition that each accused is not convicted of assault _with intent to do_ grievous bodily harm _committed_ during the period of suspension. __________________ SHIVUTE, J I agree ___________________ PARKER, J #### __Related documents ▲ To the top >