CASE NO. CR 118/2009
THE HIGH COURT OF NAMIBIA
In the matter
HIGH COURT REVIEW CASE NO.: 1085/2009
CORAM: HOFF, J
et MANYARARA, AJ
Delivered on: 2009.11.16
MANYARARA, AJ:  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).
 The reviewing Judge returned the case record to the trial court
and requested that the omission be rectified. The magistrate has
conceded his mistake.
 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.