NOT REPORTABLE

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

	Case No: CR 27/2016 

THE STATE	

Versus

GERSON KHAMUXAB

(HIGH COURT MAIN DIVISION REVIEW REF NO. 613/2015)
(MAGISTRATE’S REVIEW NO.: 12/2015)

Neutral citation:  S v Khamuxab (CR 27/2016) [2016] NAHCMD 100 (8 April 2016)

Coram:	SHIVUTE, J et PARKER, AJ
		
Delivered:	 8 April 2016

ORDER

(a)	The conviction is confirmed.
(b)	The sentence imposed is altered to read:
	Ten months’ imprisonment.
(c)	The sentence is antedated to 18 March 2015.

REVIEW JUDGMENT

SHIVUTE J (PARKER, AJ concurring):

[1]	The accused person was properly convicted of theft, read with the provisions of the Stock Theft Act 12 of 1990 (as amended) after he pleaded guilty to the charge.

[2]	He was sentenced to N$2000 (two thousand) fine and in default of payment to ten months’ imprisonment.

[3]	I queried the magistrate as to under which provisions of the law did the court derive its authority to impose a fine.  The learned magistrate rightly conceded that she erred by imposing a fine and requested the reviewing judge to alter the sentence.

[4]	The fine imposed by the learned magistrate is not allowed by the Act in respect of stock theft.  Based on this reason the sentence cannot be allowed to stand.

[5]	Consequently, it is ordered:
(a)	The conviction is confirmed.

(b)	The sentence imposed is altered to read:
	Ten months imprisonment.
(c)	The sentence is antedated to 18 March 2015.

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N N Shivute
Judge

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C Parker
Acting Judge