CASE NO.: CR 97/07
IN THE HIGH COURT OF NAMIBIA
In the matter between
THE STATE
Versus
JOHANNES ISACKS
[HIGH COURT REVIEW CASE NO. 766/07]
CORAM: PARKER, J et MANYARARA, AJ
Delivered on: 2007 June 20
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REVIEW JUDGMENT
PARKER, J:
[1] The accused person was charged before the Karasburg Magistrate’s Court with theft of N$100.00. He pleaded guilty, and was convicted on his plea of guilty and sentenced accordingly.
[2] I have perused the record, and I am satisfied that the proceedings are in accordance with justice, but the sentence is bad in law and confusing in its formulation. In his response to a query raised by this Court, the learned magistrate agrees that the formulation of the sentence is wrong.
[3] In the result, I make the following orders:
The conviction is confirmed.
The sentence is set aside and the following is put in its place:
The accused person is sentenced to three months’ imprisonment wholly suspended for three years on condition that –
the accused person pays an amount of N$100.00 as compensation to the complainant Michael Ndana Matengu, which must be deposited with the clerk of court, Karasburg Magistrate’s Court, not later than 20 July 2007; and
the accused person is not convicted of theft, committed during the period of suspension.
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Parker, J
I, agree.
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Manyarara, AJ