Court name
High Court
Case name
S v Elia
Media neutral citation
[2007] NAHC 155













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.