S v Mpedzisi (Case No. CR. 107/2008 ) [2008] NAHC 102 (06 October 2008);

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Full judgment


CASE NO. CR. 107/2008


IN THE HIGH COURT OF NAMIBIA



In the matter between:



THE STATE



and



CLAYTON MPEDZISI



HIGH COURT REVIEW CASE NO.: 290/2008



CORAM: HOFF, J et SILUNGWE, AJ



Delivered on: 2008.10.06



REVIEW JUDGMENT:



HOFF, J:

[1] The accused had been correctly convicted in the magistrate’s court in Gobabis of the offence of remaining in Namibia after expiration of a temporary visitors entry permit in contravening of the provisions of section 29(5) of the Immigration Control Act 7 of 1993. He was sentenced as follows:


N$4 000.00 or 12 months imprisonment of which half is suspended for 5 years on condition that the accused is not convicted of C/s 29(5) of Act 7 of 1993 committed during the period of suspension.”


[2] I directed a query to the magistrate requesting him to explain what he meant with “of which half is suspended”.


[3] The magistrate replied and stated that the sentence should read as follows:


N$4 000.00 or 12 months imprisonment of which N$2 000.00 or 6 months imprisonment are suspended for 5 years on condition that accused is not convicted of C/s 29(5) of Act 7 of 1993 committed during the period of suspension.”


[4] I agree that this is how the sentence should have been framed in the first instance.


[5] In the result the conviction is confirmed and the sentence is rectified to read as follows:


N$4 000.00 or 12 months imprisonment of which N$2 000.00 or 6 months imprisonment are suspended for a period of 5 years on condition that the accused is not convicted of contravening section 29(5) of Act 7 of 1993 committed during the period of suspension.





____________

HOFF, J



I agree





________________

SILUNGWE, AJ




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