CASE NO.: CR 66/2010

IN
THE HIGH COURT OF NAMIBIA

In
the matter between:

THE
STATE

versus

PAULUS
UUYUMBA

[HIGH
COURT REVIEW CASE NO.: 545/2010]

CORAM:
PARKER, J et SIBOLEKA, J

Delivered
on: 2010 OCTOBER 06

________________________________________________________________________

REVIEW
JUDGMENT

SIBOLEKA,
J.:

[1] This
is a special review matter referred to this Court in terms of Section
304(4) of Act 51/77. The accused appeared before the District
Magistrate Court, Otjiwarongo on the charge of driving without a
drivers licence in contravention of section 82(1)(a) read with
Section 31(2) of Act 22 of 1999. After questioning the accused in
terms of section 112(1)(b) of Act 51/77, the learned Magistrate
convicted the accused. The conviction is in order and will be
confirmed. He was sentenced as follows:

“Accused
sentenced to a fine of N$1.200,00 (One Thousand Two
Hundred Namibian
Dollars), half of which suspended for six (6) months or in default of
payment, 12 (twelve) months imprisonment half of which is suspended
for (6) six months on condition he does not repeat this offence
within the period of suspension.”

On
realizing that he did not set out the condition of suspension
properly, the learned Magistrate has requested that the above
sentence be changed to read as follows:

“Accused
sentenced to a fine of N$1200 or 12 months imprisonment of which
N$600,00 and 6 months is suspended for a period of 3 years on
condition that accused is not found guilty of the offence of
contravening section 82(1)(a) read with Section 31(2) of Act 22 of
1999 ie. Driving without a licence, committed during the period of
suspension.”

I
agree with the suggestion and would make the following order:

The
conviction is confirmed and the sentence imposed by the Magistrate is
set aside and is substituted with the following:

A
fine of N$1,200.00 or 12 months imprisonment of which N$600,00 or 6
months are suspended for 3 years on condition that the accused is not
found guilty of the offence of contravening Section 82(1), read with
Section 31(2), of Act 22/99, committed during the period of
suspension.

The
sentence is antedated to 2 March 2010.

___________________

SIBOLEKA,
J

I
agree.

______________________

PARKER,
J