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
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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:
The conviction is confirmed.
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.
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Parker, J
I, agree.
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Manyarara, AJ