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
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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.
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VAN NIEKERK, J
I concur.
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SWANEPOEL, J