CASE NO.:  CR  59/07
IN  THE  HIGH  COURT  OF  NAMIBIA
In the matter between:

THE  STATE

versus

ERICH  MICHAEL  SMITH

[HIGH  COURT  REVIEW  CASE  NO.: 407/07]

CORAM:       PARKER, J.  et  SILUNGWE, AJ. 

Delivered on:           2007  March  29

REVIEW  JUDGMENT:
PARKER, J:

[1]  The accused pleaded guilty to a contravention of s. 80(1), read with ss.1, 49, 50, 51, 80(2), 80(3), 86, 89, 106, 107 and 108, of Act 22 of 1999. 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 not clear.

[2]  In the result, the conviction is confirmed and the sentence is set aside and the follow-ing is put in its place:
The accused is sentenced to a fine of  N$1000,00 or to 
ten months’ imprisonment of which N$500,00 or five
months’ imprisonment are suspended for two years on
condition that the accused is not convicted of a contra-
vention of s. 80(1), read with ss. 1, 49, 50, 51, 80(2), 80(3),
86, 89, 106, 107 and 108, of Act  22 of 1999, committed
during the period of suspension.

______________
PARKER, J.

I agree

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SILUNGWE, AJ.