S v Elia ( CR 49/07) [2007] NAHC 155 (26 March 2007);

Group

Full judgment


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.

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