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CASE NO.: CR 23/2008

IN THE HIGH COURT OF NAMIBIA

In the matter between:

THE STATE

and

PAULUS ANGULA PETRUS

(HIGH COURT REVIEW CASE NO.: 306/2008)

CORAM: MULLER, J et SILUNGWE, AJ

Delivered on: 21 April 2008

REVIEW JUDGMENT

MULLER, J.:

[1] The accused pleaded guilty to a charge of theft involving a cellular phone valued at N$528-00. He was convicted and sentenced to 1 year imprisonment.

[2] I queried the magistrate in respect of the sentence imposed in the light of the mitigating circumstances. The magistrate responded that he is convinced that his conviction is correct and that the sentence was appropriate, taking into consideration the prevalence of this type of crime, although the cellular phone was recovered. However, the magistrate did concede that he overlooked the age of the accused and stated that if he did take the youthfulness of the accused into account, he would have suspended half of the sentence.

[3] I am indebted to the learned magistrate for pointing out the mitigating factors that he did consider and which warranted direct imprisonment. I am further impressed with the concession made by the magistrate regarding the important factor of age that he overlooked. I totally agree with the magistrate that a young person of 18 years should at least get the benefit of suspension of part of his sentence. Hopefully that will deter him from repeating such a crime and to mend his ways. The suspended part of the sentence will hang over his head for a long time and would remind him that he will be imprisoned for that period if he commits that type of crime again. Consequently, I shall implement the suggestion of the magistrate and conditionally suspend 6 months of the sentence of 1 year imprisonment.

[4] In the result the following orders are made:

a) The conviction of the accused is confirmed;

b) The sentence of the accused is set aside and substituted with the following sentence:

“The accused is sentenced to 12 months imprisonment of which 6 months are suspended for a period of 3 years on condition that the accused is not convicted of the offence of theft, committed within the period of suspension.”

c) The sentence is antedated to 29 January 2008, when initial sentence was passed.

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MULLER, J

I agree

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SILUNGWE, AJ

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