[1]
The accused person was charged before the Karasburg Magistrate’s Court with theft of N$100.00.
He pleaded guilty, and was convicted on his plea of guilty and sentenced accordingly.
[2]
I have perused the record, and I am satisfied that the proceedings are in accordance with justice,
but the sentence is bad in law and confusing in its formulation. In his response to a query raised by this Court, the learned magistrate
agrees that the formulation of the sentence is wrong.
[3]
In the result, I make the following orders:
(1)
The conviction is confirmed.
(2)
The sentence is set aside and the following is put in its place:
The accused person is sentenced to three months’ imprisonment wholly suspended for three years on condition that –
(a)
the accused person pays an amount of N$100.00 as compensation to the complainant Michael Ndana Matengu, which must be deposited with
the clerk of court, Karasburg Magistrate’s Court, not later than 20 July 2007; and
(b)
the accused person is not convicted of theft, committed during the period of suspension.
_________________
Parker, J
I, agree.
_________________
Manyarara, AJ
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