S v Isacks (CRIMINAL 97 of 2007) [2007] NAHC 47 (20 June 2007)

CASE NO.: CR 97/07 IN THE HIGH COURT OF NAMIBIA In the matter between THE STATE Versus JOHANNES ISACKS [HIGH COURT REVIEW CASE NO. 766/07] CORAM: PARKER, J et MANYARARA, AJ Delivered on: 2007 June 20 _________________________________________________________________________ REVIEW JUDGMENT PARKER, J: [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