Court name
High Court
Case name
S v Elia
Media neutral citation
[2007] NAHC 104



CASE NO




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.







______________

PARKER, J.





I agree





______________

MULLER, J.