Court name
High Court
Case name
S v Swartz
Media neutral citation
[2007] NAHC 103



CASE NO



        
        
        
        
        
        
        
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