NO.: CR 100/08
THE HIGH COURT OF NAMIBIA
the matter between:
COURT REVIEW CASE NO.: 1446/08)
NIEKERK, J et
Delivered on: 2008-09-15
accused was convicted on a charge of contravening section 2(b) of the
Abuse of Dependence - producing Substances and Rehabilitation Centres
Act, 1971 (Act 41 of 1971) in that he had in his possession 460
grammes of cannabis to the value of N$1 380-00. He was sentenced as
months imprisonment of which 4 months are suspended for 3 years on
condition that you are not convicted of (1) contravening section
2(1)(a) of Act 41 of 1971 - dealing in a prohibited dependence
producing drug and (2) convicted of contravening section 2(b) of Act
41 of 1977 committed during the period of suspension."
conviction is in order, but the sentence is not. The reference to
section "2(1)(a)" must read "2(a)". The word
"and" must be substituted with the word "or", as
it could not have been the magistrate's intention that the suspended
sentence is only to be put into operation in the highly unlikely
event that the accused is convicted in the future of both a
contravention of section 2(a) and
a contravention of section 2(b) during the period of suspension.
the result I make the following order:
1. The conviction is confirmed.
2. The sentence is substituted
with the following sentence:
(Twelve) months imprisonment of which 4 (four) months are suspended
for 3 (three) years on condition that the accused is not convicted of
contravening section 2(a) or section 2(b) of Act 41 of 1971 (Dealing
in or possession of a prohibited dependence - producing drug)
committed during the period of suspension.