CASE NO.: CR 59/2008

IN THE HIGH COURT OF NAMIBIA

In the matter between:

THE STATE

vs

HELENA IIPINGE
FILLIPUS IIPINGE

(HIGH COURT REVIEW CASE NO.:  694/2008)

CORAM:		SILUNGWE, AJ et LIEBENBERG, AJ

Delivered on:	2008.06.02
___________________________________________________________________________

REVIEW JUDGMENT

SILUNGWE, AJ	[1]	Both accused were convicted of theft and sentenced as follows:

Accused 1 and 2 are sentenced to a fine of N$3000-00 or 30 months imprisonment of which a fine of N$1000-00 or 6 months imprisonment is suspended in total for a period of 4 years that each accused is not convicted of theft committed during the period of suspension.

[2]	As the formulation of the suspended part of the sentence was not properly done, the following order is made:

1.	The convictions of both accused are confirmed.

2.	The sentences imposed in respect of both accused are set aside and substituted with the following sentence:
Each accused is sentenced to a fine of N$3000-00 or 30 months imprisonment, N$1000-00 of which or 6 months imprisonment will be suspended for 4 years on condition that the accused is not convicted of theft committed during the period of suspension.

	3.	The sentence is backdated to November 22, 2007.

______________________
SILUNGWE, AJ

I agree

_______________________
LIEBENBERG, AJ