Court name
High Court
Case number
CRIMINAL 59 of 2007
Case name
S v Smith
Media neutral citation
[2007] NAHC 109



CASE NO




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



_______________

SILUNGWE, AJ.