Court name
High Court
Case name
S v Wilbard
Media neutral citation
[2007] NAHC 161













CASE NO.: CR 58/07


IN
THE HIGH COURT OF NAMIBIA


In
the matter between:





THE
STATE





versus





THOMAS
WILBARD






[HIGH COURT REVIEW CASE NO.: 406/07]





CORAM:
PARKER, J.
et SILUNGWE, AJ.






Delivered on: 2007 March 29





REVIEW
JUDGMENT:


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.













______________



PARKER, J.










I agree








_______________



SILUNGWE, AJ.