Court name
High Court
Case name
S v Isacks
Media neutral citation
[2007] NAHC 47



CASE NO



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.




(2)     

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 –


(a)     

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


(b)     

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



_________________

Parker, J



I, agree.



_________________

Manyarara, AJ