S v Kharuchab (2) (CRIMINAL 45 of 2011) [2011] NAHC 149 (27 May 2011)



REPUBLIC OF NAMIBIA


CASE NO.: CR 45/2011


IN THE HIGH COURT OF NAMIBIA


In the matter between:

STATE

versus

STEVEN KHARUCHAB


(HIGH COURT REVIEW CASE NO.: 721/11)


CORAM: VAN NIEKERK, J et SWANEPOEL, J

Delivered on: 27 May 2011

______________________________________________________________________________

REVIEW JUDGMENT

VAN NIEKERK, J [1] The accused in this case was sentenced to N$800 or 8 months by the magistrate of Otjiwarongo after he was convicted on a charge of theft of a bicycle. On review I queried the disproportionality between the fine and the alternative imprisonment imposed.

[2] The trial magistrate agrees that the length of imprisonment is disproportionate to the fine imposed and suggests that the 8 months imprisonment be changed to 4 months imprisonment. I agree.


[3] The result is:

1. The conviction is confirmed.

2. The sentence is set side and substituted with a sentence of N$800 or 4 months imprisonment.






____________________

VAN NIEKERK, J




I concur.




____________________

SWANEPOEL, J



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