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S v Titus (CR51/07 ; 369/07) [2007] NAHC 6 (26 March 2007)

.RTF of original document

CASE NO.: CR 51/07
IN THE HIGH COURT OF NAMIBIA
In the matter between:

THE STATE

versus

KONDJASHILI TITUS

[HIGH COURT REVIEW CASE NO.: 369/07]

CORAM: MULLER, J. et PARKER, J.

Delivered on: 2007 March 26

REVIEW JUDGMENT:
PARKER, J:

[1] The accused pleaded guilty to theft. He was convicted on his plea of guilty and sentenced. I have perused the record, and I am satisfied that the proceedings are in accordance with justice, but the formulation of the sentence is wrong.


[2] In the result, the conviction is confirmed and the sentence is set aside and the following is put in its place:

 The accused is sentenced to a fine of N$800,00 or to
eight months’ imprisonment, wholly suspended for
 three years on condition that the accused is not convicted
of assault with the intent to do grievous bodily harm, com-
 mitted during the period of suspension.



______________
PARKER, J.


I agree


______________
MULLER, J.

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