Court name
High Court
Case name
S v Smith
Media neutral citation
[2007] NAHC 160













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.