S v Wilbard (1) (Review Judgment) (CRIMINAL 58 of 2007) [2007] NAHC 13 (29 March 2007);
PARKER, J:
[1] The accused pleaded guilty to housebreaking with intent to commit an offence unknown to the State. He was accordingly convicted and sentenced. I have perused the record, and I am satisfied that the proceedings are in accordance with justice, but the formulation of the sentence is wrong.
[2] In the result, the conviction is confirmed and the sentence is set aside and the following is put in its place:
The accused is sentenced to ten months’ imprisonment of which five months are suspended for two years on condition that the accused is not convicted of housebreaking with intent to commit an offence unknown to the State or housebreaking with intent to steal, committed during the period of suspension.
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PARKER, J.
I agree
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SILUNGWE, AJ.