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.
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PARKER, J.
I agree
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