S v Andre (CRIMINAL 98 of 2007) [2007] NAHC 45 (20 June 2007)


CASE NO.: CR 98/07


IN THE HIGH COURT OF NAMIBIA

In the matter between


THE STATE


Versus


ALEZENDRE CLISTO ANDRE


[HIGH COURT REVIEW CASE NO. 767/07]


CORAM: PARKER, J et MANYARARA, AJ

Delivered on: 2007 June 20

_________________________________________________________________________

REVIEW JUDGMENT

PARKER, J:

[1] The accused person was charged before the Karasburg Magistrate’s Court with contravening s. 112 of the Immigration Control Act, 1993 (Act 7 of 1993). He pleaded guilty, and was convicted on his plea of guilty and sentenced accordingly.


[2] I have perused the record, and I am satisfied that the proceedings are in accordance with justice, but the sentence is bad in law and confusing in its formulation. In his response to a query raised by this Court, the learned magistrate agrees that the formulation of the sentence is wrong.


[3] In the result, I make the following orders:


  1. The conviction is confirmed.


  1. The sentence is set aside and the following is put in its place:


N$500.00 or 10 months’ imprisonment, five months of which are suspended for five years on condition that the accused person is not found guilty of the offence of contravening s. 112 of Act 7 of 1993, committed during the period of suspension.


_________________

Parker, J



I, agree.


_________________

Manyarara, AJ


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Legislation 1
  1. Immigration Control Act, 1993

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