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
3
I agree
_______________________________
SILUNGWE, AJ
SAFLII:
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