Court name
High Court
Case number
CRIMINAL 72 of 2008
Title

S v Heita (3) (Review Judgment) (CRIMINAL 72 of 2008) [2008] NAHC 59 (23 June 2008);

Media neutral citation
[2008] NAHC 59
Coram
Parker J
Silungwe AJ

SILUNGWE, AJ   

[1]      The accused appeared in Eenhana Magistrate’s Court, sitting at Ohangwena, on a charge of housebreaking with intent to steal and theft of property valued at N$16 665-00. Upon being questioned in terms of section 112(1)(b) of the Criminal Procedure Act, Act No. 15 of 1977, he was purportedly convicted and sentenced to 18 months’ imprisonment, 6 months of which were conditionally suspended.

[2]      When the presiding Magistrate was queried, on review, as to whether there was proof of a break in, he conceded that the elements of the crime charged had not been proved, adding that the accused’s plea revealed that he was guilty of theft only.

[3]      In the circumstances, the following order is made:

1.    The conviction and sentence are set aside.

2.   The case is remitted to the presiding Magistrate for him to proceed in terms of section 112(1)(b) of the Criminal Procedure Act, Act 51 of 1977.

3.  The accused will, in the meantime remain in custody.

 

 

 

______________________

SILUNGWE, AJ

 

I agree

 

 

 

_______________________

PARKER, J