REPUBLIC OF NAMIBIA

CASE NO.: CR 45/2011

IN THE HIGH COURT OF NAMIBIA 

In the matter between: 
STATE 
versus 
STEVEN KHARUCHAB

(HIGH COURT REVIEW CASE NO.: 721/11)

CORAM:		VAN NIEKERK, J et SWANEPOEL, J 
Delivered on:	27 May 2011
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REVIEW JUDGMENT
VAN NIEKERK, J		[1]	The accused in this case was sentenced to N$800 or 8 months by the magistrate of Otjiwarongo after he was convicted on a charge of theft of a bicycle.  On review I queried the disproportionality between the fine and the alternative imprisonment imposed.
[2]	The trial magistrate agrees that the length of imprisonment is disproportionate to the fine imposed and suggests that the 8 months imprisonment be changed to 4 months imprisonment.  I agree.  

[3]	The result is: 
	1.	The conviction is confirmed.
2.	The sentence is set side and substituted with a sentence of N$800 or 4 months imprisonment. 

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VAN NIEKERK, J

I concur. 

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SWANEPOEL, J