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S v Andre (CR98/07 , 767/07) [2007] NAHC 45 (20 June 2007)

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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