CASE NO.: CR 65/07
IN THE HIGH COURT OF NAMIBIA
(HIGH COURT REVIEW CASE NO.: 489/07)
MAINGA, et VAN NIEKERK, JJ
VAN NIEKERK, J:
The accused in this matter was convicted in the Oshakati magistrate's court of theft of clothes from Jet Stores. She pleaded guilty and was sentenced as follows:
The conviction is in order but the formulation of the sentence does not make sense. Firstly, the words "on condition that" have been omitted. Secondly, it is not clear what the words "theft became an elements" mean. Theft cannot "become" an element of an offence. I think these words should simply be deleted.
In the result the following order is made:
The conviction is confirmed.
The sentence is confirmed, but formulated to read as follows: