S v Wadeinge (Review Judgment) (CRIMINAL 25 of 2007) [2007] NAHC 2 (20 February 2007);
PARKER, J:
[2] In response to a query as to why an effective imprisonment of three years’ was imposed, the learned magistrate states that she took into account the following factors: the accused pleaded guilty, she is a first offender and the value of the things stolen is N$425,50. In addition, she says, she took into account the following considerations, namely, the prevalence of the offence in Namibia and the interest of society. She also states that two years’ imprisonment “is appropriate in the circumstances”, yet she imposed a sentence of three years’ imprisonment.
[4] In the result, I make the following orders:
(1) The conviction is confirmed.
(2) The sentence is set aside and the following is put in its place:
Nine months’ imprisonment, six months of which are suspended for
three years on condition that the accused is not convicted of theft
committed during the period of suspension.
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PARKER, J
I agree
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MANYARARA, AJ