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 a fine of  N$800,00 or to

eight months’ imprisonment, wholly suspended for

three years on condition that the accused is not convicted

of assault with the intent to do grievous bodily harm, com-

mitted during the period of suspension.

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PARKER, J.

I agree

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MULLER, J.