S v Kharuchab (2) (CRIMINAL 45 of 2011) [2011] NAHC 149 (27 May 2011)

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 ______________________________________________________________________________ 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. 2. The conviction is confirmed. The sentence is set side and substituted with a sentence of N$800 or 4 months imprisonment. ____________________ VAN NIEKERK, J I concur. ____________________ SWANEPOEL, J