S v Sinano (CRIMINAL 75 of 2011) [2011] NAHC 251 (23 August 2011)

# S v Sinano (CRIMINAL 75 of 2011) [2011] NAHC 251 (23 August 2011) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2011/251/eng@2011-08-23) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2011/251/eng@2011-08-23) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2011/251/eng@2011-08-23) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2011/251/eng@2011-08-23) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Sinano \(CRIMINAL 75 of 2011\) …&body=https://namiblii.org/akn/na/judgment/nahc/2011/251/eng@2011-08-23) [ Download RTF (405.7 KB) ](/akn/na/judgment/nahc/2011/251/eng@2011-08-23/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2011/251/eng@2011-08-23/source.pdf) Report a problem __ * Share * [ Download RTF (405.7 KB) ](/akn/na/judgment/nahc/2011/251/eng@2011-08-23/source) * [Download PDF](/akn/na/judgment/nahc/2011/251/eng@2011-08-23/source.pdf) * * * * * Report a problem __ ##### S v Sinano (CRIMINAL 75 of 2011) [2011] NAHC 251 (23 August 2011) Copy citation * __Document detail * __Related documents Citation S v Sinano (CRIMINAL 75 of 2011) [2011] NAHC 251 (23 August 2011) Copy Media Neutral Citation [2011] NAHC 251 Copy Court [High Court](/judgments/NAHC/) Case number CRIMINAL 75 of 2011 Judgment date 23 August 2011 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2011/251/eng@2011-08-23/attachment/s-v-sinano-2011-nahc-251-23-august-2011.pdf) (222.5 KB) * * * Skip to document content **CASE NO.: CR 75/2011** **IN THE HIGH COURT OF NAMIBIA** In the matter between: **THE STATE** and **ROSA SINANO** **(HIGH COURT REVIEW CASE NO.: 787/2010)** **(MAGISTRATE’S SERIAL NO.: 17/2010)** _**CORAM**_ : **PARKER, J** _**et**_**SHIVUTE, J** Delivered on: 2011 August 23 _**REVIEW JUDGMENT**_ _**SHIVUTE**_ _**,**__**J:**_ [1] The accused appeared before Okahandja Magistrate’s Court and pleaded guilty to a charge of theft. He was sentenced as follows: “ _N$1200.00 (one thousand two hundred) or 6 (six) months imprisonment of which N$600.00 (six hundred) or 3 (three) months are suspended for a period of 5 (five) years on condition that accused is not convicted of theft or attempted theft during the period of suspension.”_ [2] The conviction is in order. However, the problem lies with the framing of the sentence. [3] I did not find it necessary to raise the query with the trial magistrate. [4] 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 compliance thereof. [5] The condition of suspension should read that the accused is not convicted of theft _committed_ during the period of suspension. [6] In the result, the following order is made: (1) The conviction is confirmed. (2) The sentence imposed is altered to read: One thousand two hundred (N$1200.00) or six (6) months imprisonment of which six hundred (N$600.00) or three (3) months are suspended for a period of five (5) years on condition that the accused is not convicted of theft _committed_ during the period of suspension. __________________ SHIVUTE, J I concur ___________________ PARKER, J #### __Related documents ▲ To the top >