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