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