Court name
High Court
Case name
S v Andre
Media neutral citation
[2007] NAHC 45



CASE NO



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.




(2)     

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