S v Speedo (CR 06/2009) [2009] NAHC 34 (17 March 2009);

CASE NO.: CR 06/2009

IN THE HIGH COURT OF NAMIBIA

HELD AT OSHAKATI

In the matter between:

THE STATE

and

ZIGGY SPEEDO

(HIGH COURT REVIEW CASE NO.: 51/2009)

CORAM: LIEBENBERG, AJ et SHIVUTE, AJ

Delivered on: 17 March 2009

REVIEW JUDGMENT

SHIVUTE, AJ [1] The Accused in this matter appeared before Ondangwa magistrate on a charge of housebreaking with intent to steal and theft. He was rightly convicted and sentenced as follows:

“Eighteen (18) months imprisonment of which eight (8) months are suspended for five (5) years on condition accused not convicted of housebreaking or theft within period of suspension.”

[2] The problem with the sentence is that it does not clearly formulate the condition of suspension because the word “committed” has been omitted from the suspended sentence. Again the condition of suspension is that the accused is not convicted of housebreaking. Housebreaking is not an offence on its own. The offence is housebreaking with intent to commit an offence.

[3] The condition of suspension should read that the accused is not convicted of housebreaking with intent to steal or theft committed during the period of suspension.

[4] In the result the following orders are made:

1. The conviction is confirmed.

2. The sentence is altered to read:

Eighteen (18) months imprisonment of which eight (8) months imprisonment is suspended for five (5) years on condition accused is not convicted of housebreaking with intent to steal or theft committed during the period of suspension.

______________________

SHIVUTE, AJ

I concur

_______________________

LIEBENBERG, AJ