R NOT REPORTABLE
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.
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