CASE NO.: CR 02/2008
IN THE HIGH COURT OF NAMIBIA(HIGH COURT REVIEW CASE NO.: 1830/2007]
In the matter between:
MULLER, J et PARKER, J
21 January 2008
 The accused, aged 21 years, was convicted on his plea of guilty of theft of goods to the value of N$1150.00 and sentenced to pay a fine of N$1000 of 16 months imprisonment.
 I queried the learned magistrate on the severity of the sentence, the disparity between the fine and period of imprisonment and asked whether the accused was imprisoned or not. I received the magistrate’s response and am satisfied with his reply with regard to the sentence he imposed and that all relevant factors were considered. The magistrate conceded that there is a huge disparity between the fine and the period of imprisonment, if the fine is not paid. However, I am informed that the accused did pay the fine and was not imprisoned.
 With regard to the disparity between the amount of the fine and the period of imprisonment the magistrate suggested that the period be amended to 6 months imprisonment instead of 16 months. I find this a sensible suggestion and shall order such a change to the sentence.
 In the result the accused’s sentence imposed in the Magistrate’s Court Oshakati on 28 August 2007 is amended by substituting the period of imprisonment of 16 months with 6 months. The formulation of the sentence now reads:
“A fine of N$1000 or in default of payment a period of imprisonment of 6 months.”