S v Smeer (CRIMINAL 77 of 2011) [2011] NAHC 249 (23 August 2011)

# S v Smeer (CRIMINAL 77 of 2011) [2011] NAHC 249 (23 August 2011) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2011/249/eng@2011-08-23) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2011/249/eng@2011-08-23) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2011/249/eng@2011-08-23) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2011/249/eng@2011-08-23) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Smeer \(CRIMINAL 77 of 2011\) …&body=https://namiblii.org/akn/na/judgment/nahc/2011/249/eng@2011-08-23) [ Download RTF (403.6 KB) ](/akn/na/judgment/nahc/2011/249/eng@2011-08-23/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2011/249/eng@2011-08-23/source.pdf) Report a problem __ * Share * [ Download RTF (403.6 KB) ](/akn/na/judgment/nahc/2011/249/eng@2011-08-23/source) * [Download PDF](/akn/na/judgment/nahc/2011/249/eng@2011-08-23/source.pdf) * * * * * Report a problem __ ##### S v Smeer (CRIMINAL 77 of 2011) [2011] NAHC 249 (23 August 2011) Copy citation * __Document detail * __Related documents Citation S v Smeer (CRIMINAL 77 of 2011) [2011] NAHC 249 (23 August 2011) Copy Media Neutral Citation [2011] NAHC 249 Copy Court [High Court](/judgments/NAHC/) Case number CRIMINAL 77 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/2011/249/eng@2011-08-23/attachment/s-v-smeer-2011-nahc-249-23-august-2011.pdf) (215.8 KB) * * * Skip to document content **CASE NO.: CR 77/2011** **IN THE HIGH COURT OF NAMIBIA** In the matter between: **THE STATE** and **RAYNOLD SMEER** **(HIGH COURT REVIEW CASE NO.: 1457/2010)** **(MAGISTRATE’S SERIAL NO.: 22/2010)** _**CORAM**_ : **PARKER, J** _**et**_**SHIVUTE, J** Delivered on: 2011 August 23 _**REVIEW JUDGMENT**_ _**SHIVUTE**_ _**,**__**J:**_ [1] The accused appeared in Okahandja Magistrate’s Court on a charge of assault with intent to do grievous bodily harm and he was convicted as charged. The conviction is in order. However, there is a problem with the formulating of the sentence. [2] The sentence was phrased in the following terms: “ _18 Months imprisonment of which 6 months suspended for a period of 5 years on condition accused is not convicted of assault grievous bodily harm during period of suspension._ [3] The conditions of suspension of sentence are not very clear therefore, the accused is not in a position to understand and know how to behave himself in compliance thereof. [4] 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. Please note that there is no offence of assault grievous bodily harm. [5] Having said that, the following order is made: (1) The conviction is in order. (2) The sentence is altered to read: Eighteen (18) months’ imprisonment of which six (6) months are suspended for a period of five (5) years on condition that the 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 >