[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."

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VAN NIEKERK, J

I agree

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SILUNGWE, AJ