CASE NO.: CR 13/2012

NOT REPORTABLE

IN THE HIGH COURT OF NAMIBIA

In the matter between:

THE STATE

and

NEHEMIA POMBILI

HIGH COURT REVIEW CASE NO.: 2284/2011

CORAM: HOFF, J et MILLER, AJ

Delivered on: 21 February 2012

REVIEW JUDGMENT

HOFF, J: [1] The accused was convicted in the magistrate court of driving with an excessive breath alcohol level in contravention of section 82 (1)(a) of Act 22 of 1999.

[2] The condition of suspension reads that the accused should not be convicted of the offence of driving under the influence of liquor.

[3] I directed a query to the presiding magistrate, who readily conceded that he made a mistake.

[4] The conviction is confirmed but the sentence is rectified to read as follows:

N$ 6 000,00 (six thousand Namibian Dollars) or 18 (eighteen) months imprisonment of which an amount of N$3 000.00 (three thousand Namibian Dollars) or 12( twelve) months imprisonment are suspended for a period of 5 (five) years on condition that accused is not convicted of contravening section 82 (1)(a) of Act 22 of 1999 (driving with excessive breath alcohol level) committed during the period of suspension.

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HOFF, J

I agree

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MILLER, AJ