Court name
High Court
Case number
CRIMINAL 3 of 2008
Title
S v Izaaks (CRIMINAL 3 of 2008) [2008] NAHC 26 (21 January 2008);
Media neutral citation
[2008] NAHC 26
CASE NO.: CR 03/2008
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
and
PRESTON IZAAKS
CORAM:
MULLER, J et PARKER, J
Delivered on:
21 January 2008
REVIEW JUDGMENT
MULLER, J.: [1] The accused was convicted on the charge of theft and sentenced as follows:
“Twelve (12) months imprisonment wholly suspended for five (5) years on condition accused is not convicted of an offence of which theft is an element committed within the period of suspension.”
(My underlining)
[2] I directed the following query to the magistrate:
“Please explain. Theft cannot be an element of an offence. Perhaps the magistrate meant dishonesty.”
[3] The magistrate replied as follows:
“Reference is made to the Honourable Judge’s comments in your letter dated 05 December 2007. Indeed the magistrate had in mind offences involving dishonesty may the sentence be amended to read;
“Twelve (12) months imprisonment wholly suspended for five (5) years on condition accused is not convicted of an offence of which dishonesty is an element committed within the period of suspension.”
[4] The formulation of the condition of the sentence is consequently amended and the sentence now reads as follows:
“Twelve (12) months imprisonment wholly suspended for a period of five (5) years on condition that the accused is not convicted of an offence of which dishonesty is an element, committed within the period of suspension.”
___________
MULLER, J
I agree
___________
PARKER, J