Court name
High Court
Case number
CRIMINAL 96 of 2007
Case name
S v Floriano and Another
Media neutral citation
[2007] NAHC 172











CASE NO.: CR 96/07







IN THE HIGH COURT OF NAMIBIA



In the matter between






THE STATE






Versus





NDIDILE
FLORIANO
1st Accused


PEREIRA
JORGE H. JOSE FORTE
2nd Accused






[HIGH COURT REVIEW CASE NO. 765/07]






CORAM: PARKER,
J.
et MANYARARA, AJ


Delivered
on: 2007 June 20


_________________________________________________________________________



REVIEW JUDGMENT


PARKER,
J:



[1] The two accused persons were charged before the Karasburg
Magistrate’s Court with contravening s. 56 (e) of the Immigration
Control Act, 1993 (Act 7 of 1993). Both of them pleaded guilty, and
were convicted on their 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 of each accused person is confirmed.









  1. The sentence of each accused person is set aside and the following
    is put in its place for each accused person:








N$500.00 or five months’ imprisonment, plus five months’
imprisonment wholly suspended for three years on condition that the
accused person is not found guilty of the offence of contravening s.
56 (e) of Act 7 of 1993, committed during the period of suspension.






_________________


Parker, J








I, agree.





_________________


Manyarara,
AJ