S v Titus (1) (Review Judgment) (CRIMINAL 51 of 2007) [2007] NAHC 6 (26 March 2007)



CASE NO.: CR 51/07

IN THE HIGH COURT OF NAMIBIA

In the matter between:


THE STATE


versus


KONDJASHILI TITUS


[HIGH COURT REVIEW CASE NO.: 369/07]


CORAM: MULLER, J. et PARKER, J.


Delivered on: 2007 March 26


REVIEW JUDGMENT:

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.




______________

PARKER, J.



I agree



______________

MULLER, J.

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