S v Andre (CRIMINAL 98 of 2007) [2007] NAHC 45 (20 June 2007)

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