Court name
High Court
Case name
S v Isacks
Media neutral citation
[2007] NAHC 173











CASE NO.: CR 97/07







IN THE HIGH COURT OF NAMIBIA



In the matter between






THE STATE






Versus






JOHANNES ISACKS







[HIGH COURT REVIEW CASE NO. 766/07]






CORAM: PARKER,
J
et MANYARARA, AJ


Delivered
on: 2007 June 20


_________________________________________________________________________



REVIEW JUDGMENT


PARKER,
J:



[1] The accused person was charged before the Karasburg Magistrate’s
Court with theft of N$100.00. He pleaded guilty, and was convicted on
his plea of guilty and sentenced accordingly.





[2] I have
perused the record, and I am satisfied that the proceedings are in
accordance with justice, but the sentence is bad in law and confusing
in its formulation. In his response to a query raised by this Court,
the learned magistrate agrees that the formulation of the sentence is
wrong.





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







  1. The conviction is confirmed.









  1. The sentence is set aside and the following is put in its place:








The accused person is sentenced to three months’ imprisonment
wholly suspended for three years on condition that –




  1. the accused person pays an amount of N$100.00 as compensation to the
    complainant Michael Ndana Matengu, which must be deposited with the
    clerk of court, Karasburg Magistrate’s Court, not later than 20
    July 2007; and



  2. the accused person is not convicted of theft, committed during the
    period of suspension.







_________________


Parker, J





I, agree.





_________________


Manyarara,
AJ