CASE NO.:  CR  49/07
IN  THE  HIGH  COURT  OF  NAMIBIA
In the matter between:

THE  STATE

versus

TIMOTHEUS  ELIA

[HIGH  COURT  REVIEW  CASE  NO.: 370/07]

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 eight months’ imprisonment,
 wholly suspended for three years on condition that the
 accused is not convicted of theft, committed during
 the period of suspension.

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PARKER, J.

I agree

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MULLER, J.