CASE NO.:  CR  51/07
IN  THE  HIGH  COURT  OF  NAMIBIA
In the matter between:

THE  STATE

versus

KONDJASHILI  TITUS

[HIGH  COURT  REVIEW  CASE  NO.: 369/07]

CORAM:       MULLER, J.  et  PARKER, J. 

Delivered on:           2007  March  26

REVIEW  JUDGMENT:
PARKER, J:

[1]  The accused pleaded guilty to theft. He was convicted on his plea of guilty and sentenced. I have perused the record, and I am satisfied that the proceedings are in accordance with justice, but the formulation of the sentence is wrong.

 [2]  In the result, the conviction is confirmed and the sentence is set aside and the following is put in its place:

The accused is sentenced to a fine of  N$800,00 or to
eight months’ imprisonment, wholly suspended for
                        three years on condition that the accused is not convicted 
                        of assault with the intent to do grievous bodily harm, com-
                        mitted during the period of suspension.

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PARKER, J.

I agree

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MULLER, J.