CASE NO.: CR 13/2012
NOT REPORTABLE
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
and
NEHEMIA POMBILI
HIGH COURT REVIEW CASE NO.: 2284/2011
CORAM: HOFF, J et MILLER, AJ
Delivered on: 21 February 2012
REVIEW JUDGMENT
HOFF, J: [1] The accused was convicted in the magistrate court of driving with an excessive breath alcohol level in contravention of section 82 (1)(a) of Act 22 of 1999.
[2] The condition of suspension reads that the accused should not be convicted of the offence of driving under the influence of liquor.
[3] I directed a query to the presiding magistrate, who readily conceded that he made a mistake.
[4] The conviction is confirmed but the sentence is rectified to read as follows:
N$ 6 000,00 (six thousand Namibian Dollars) or 18 (eighteen) months imprisonment of which an amount of N$3 000.00 (three thousand Namibian Dollars) or 12( twelve) months imprisonment are suspended for a period of 5 (five) years on condition that accused is not convicted of contravening section 82 (1)(a) of Act 22 of 1999 (driving with excessive breath alcohol level) committed during the period of suspension.
_______
HOFF, J
I agree
___________
MILLER, AJ