S v Elia (CR49/07 ; 370/07) [2007] NAHC 8 (26 March 2007)

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S v Elia (CR49/07 ; 370/07) [2007] NAHC 8 (26 March 2007)

.RTF of original document

CASE NO.: CR 49/07
IN THE HIGH COURT OF NAMIBIA
In the matter between:

THE STATE

versus

TIMOTHEUS ELIA

[HIGH COURT REVIEW CASE NO.: 370/07]

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 eight months’ imprisonment,

wholly suspended for three years on condition that the

accused is not convicted of theft, committed during
the period of suspension.

______________
PARKER, J.

I agree

______________
MULLER, J.

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