Author: drisuro
Last saved by: Walter
Company: HP

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