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.

_______

HOFF,
J

I
agree

___________

MILLER, AJ