Court name
High Court
Case name
S v Andre
Media neutral citation
[2007] NAHC 171











CASE NO.: CR 98/07







IN THE HIGH COURT OF NAMIBIA



In the matter between






THE STATE






Versus






ALEZENDRE CLISTO ANDRE







[HIGH COURT REVIEW CASE NO. 767/07]






CORAM: PARKER,
J
et MANYARARA, AJ


Delivered
on: 2007 June 20


_________________________________________________________________________



REVIEW JUDGMENT


PARKER,
J:



[1] The accused person was charged before the Karasburg Magistrate’s
Court with contravening s. 112 of the Immigration Control Act, 1993
(Act 7 of 1993). He pleaded guilty, and was convicted on his plea of
guilty and sentenced accordingly.





[2] I have
perused the record, and I am satisfied that the proceedings are in
accordance with justice, but the sentence is bad in law and confusing
in its formulation. In his response to a query raised by this Court,
the learned magistrate agrees that the formulation of the sentence is
wrong.





[3] In the
result, I make the following orders:







  1. The conviction is confirmed.









  1. The sentence is set aside and the following is put in its place:








N$500.00 or 10 months’ imprisonment, five months of which are
suspended for five years on condition that the accused person is not
found guilty of the offence of contravening s. 112 of Act 7 of 1993,
committed during the period of suspension.






_________________


Parker, J








I, agree.





_________________


Manyarara,
AJ