S v Auseb ( CR 69/08) [2008] NAHC 135 (02 June 2008);

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Full judgment


CASE NO. CR 69/08



IN THE HIGH COURT OF NAMIBIA


In the matter between:


THE STATE


versus


ALBERT AUSEB

(HIGH COURT REVIEW CASE NO.: 920/08)


CORAM: DAMASEB, JP. et MANYARARA, A.J.


Delivered on: 2008.06.17

______________________________________________________________________________


SPECIAL REVIEW JUDGMENT



MANYARARA, A.J.:


[1] This matter has been placed before me on review under cover of a self explanatory letter from the Regional Magistrate to the following effect:

Accused pleaded not guilty in the district court on a charge of Theft of stock. After a trial was conducted accused was convicted. The matter was transferred to the Regional Court in terms of Section 116(1)(a) Act 51/77 for sentence purposes.

This court is not in a position to satisfied itself that proceedings are in accordance with Justice in order to proceed with sentence, as the record of proceedings are incomplete.”


[2] Accordingly, the conviction is hereby set aside.




__________________

MANYARARA, AJ




I agree






__________________


DAMASEB, JP



















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