S v Munioruzo (CR 118/2009) [2009] NAHC 114 (16 November 2009);

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Full judgment

CASE NO. CR 118/2009

IN THE HIGH COURT OF NAMIBIA



In the matter between:



THE STATE



and



TJIZAKE MUNIORUZO



HIGH COURT REVIEW CASE NO.: 1085/2009




CORAM: HOFF, J et MANYARARA, AJ



Delivered on: 2009.11.16



REVIEW JUDGMENT




MANYARARA, AJ: [1] The accused was convicted of driving a motor vehicle on a public road while the concentration of alcohol in his breath exceeded 0.38 grams per 1000 milliliters, to wit 0.57 milliliters. He was sentenced to pay a fine of two thousand Namibian dollars (N$2 000.00) or in default to serve twelve (12) months imprisonment. However, the court omitted to suspend the accused’s licence as required by Act 22 of 1999 (the Act).

[2] The reviewing Judge returned the case record to the trial court and requested that the omission be rectified. The magistrate has conceded his mistake.


[3] Accordingly, the conviction and sentence are confirmed and the case record is herewith returned to the magistrate to comply with the Act and re-submit the record on review.




_______________

MANYARARA, AJ



I agree



_________

HOFF, J

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