Court name
High Court
Case name
S v Josephat
Media neutral citation
[2007] NAHC 167











CASE NO.: CR
75/07






IN THE
HIGH COURT OF NAMIBIA






In the
matter between






THE STATE






versus






SHUUYA JOSEPHAT






[HIGH
COURT REVIEW CASE N0. 355/07]






CORAM: PARKER,
J. et MANYARARA, A.J.


Delivered
on: 2007 June 4


________________________________________________________________________



REVIEW JUDGMENT:


PARKER,
J:






[1] The
accused person was convicted on his plea of guilty to the offence of
theft of N$312.00 in the Magistrate’s Court, Oshakati, and
sentenced to three years’ direct imprisonment, of which one year
was suspended for five years on condition that he was not convicted
of theft, committed during the period of suspension,.





[2] The
matter came up to this Court for automatic review. I asked the
learned magistrate to give reasons – because there was none on the
record – why he sentenced the accused person to three years’
direct imprisonment. In his response to my query, the learned
magistrate states that he had in mind an imprisonment of three years,
totally suspended. The tenor of his response is that he agrees that
the sentence is not in accordance with justice.





[3] I have
perused the record and having done so I am of the view that the
sentence induces in me a sense of shock taking into account the
following factors. The amount stolen was N$312.00, and the accused
person was a first offender and he pleaded guilty to the charge. The
result is that the sentence cannot stand.





[4] In the
result, I make the following orders:


(1) The
conviction is confirmed.


(2) The
sentence is set aside, and the following substituted therefore:



12 months’ imprisonment, of which six months are suspended for
three years on condition that the accused person is not convicted of
theft, committed during the period of suspension.







_________________


PARKER, J





I agree.





_________________


MANYARARA,
A.J.