CASE NO.:  CR 53/07

IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE

versus

 JOHANNES SWARTZ

		(HIGH COURT REVIEW CASE NO.:  465/05)

CORAM:	  VAN NIEKERK, J et  SILUNGWE, AJ
Delivered on: 	 2007-03-29
REVIEW JUDGMENT:
VAN NIEKERK, J:	
[1]	The accused in this matter was convicted in the Windhoek magistrate's court on a count of housebreaking with intent to steal and theft.  The conviction is in order.

[2]	The accused was sentenced as follows:
"3 Years imprisonment of which 18 months are suspended for 3 years on condition that accused is not convicted of the offence of 2 housebreaking with intent to steal and theft during period of suspension."

[3]	It is clear that the word "committed" was omitted after the word "theft" and it should be inserted to make the condition upon which the sentence was suspended clear.

[4]	In the result I make the following order:

1.	The conviction is confirmed.

2.	The sentence is altered to read as follows:

'3 (three) years imprisonment of which 18 (eighteen) months are suspended for 3 (three) years on condition that the accused is not convicted of the offence of housebreaking with intent to steal and theft committed during the period of suspension."

______________________________
VAN NIEKERK, J

I agree
_______________________________
SILUNGWE, AJ