S v Andre (CRIMINAL 98 of 2007) [2007] NAHC 45 (20 June 2007)

S v Andre (CRIMINAL 98 of 2007) [2007] NAHC 45 (20 June 2007)

The sentence as formulated by the magistrate was bad in law and confusing; it was therefore set aside and replaced with a clear, lawful sentence.

Citation
[2007] NAHC 45
Parties
Prosecution: The State; Accused: Alezendre Clisto Andre
Court
High Court
Jurisdiction
Namibia
Judgment Date
20 June 2007
Case Number
CRIMINAL 98 of 2007
Procedural Posture
Criminal Review / Review Judgment
Outcome
conviction confirmed, sentence set aside and replaced
Legal Topics
Immigration Offences, Sentencing, Review of Magistrate's Decision
Source Language
English
Criminal Law Immigration Offences Sentencing Review of Magistrate's Decision

Case Brief

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Parties

The State

Prosecution

Alezendre Clisto Andre

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the sentence imposed by the magistrate was lawful and properly formulated

Ratio Decidendi

The sentence as formulated by the magistrate was bad in law and confusing; it was therefore set aside and replaced with a clear, lawful sentence.

Court Disposition

conviction confirmed, sentence set aside and replaced

Orders

  • The conviction is confirmed.
  • The sentence is set aside and replaced with: N$500.00 or 10 months’ imprisonment, five months of which are suspended for five years on condition that the accused is not found guilty of contravening s. 112 of Act 7 of 1993 during the suspension period.