The appellants brought an appeal against the sentences handed down to them by the Magistrate, for being in possession of a live pangolin in contravention of teh Controlled Wildlife Act. The sentence imposed was 24 months imprisonment of which 12 months were suspended for 5 years on appropriate conditions. The court of appeal would interfere with the sentence imposed if it appears that the Magistrate materially misdirected himself on the facts or the applicable law, or that the sentence is so severe that it will induce a sense of shock. Otherwise, the appeal court’s powers to interfere on the imposed sentence are limited. It was therefore for the appeal court to determine whether the circumstances warranted an interference in the sentence handed down by the Magistrate. The Court held that the Magistrate imposed an appropriate sentence and no material irregularity was established. Even more, the sentence was not so severe as to be considered shockingly inappropriate. The appeal was dismissed.
Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2019
Abstract
Language of document
English
Reference number
[2019] NAHCMD 166 (24 May 2019)
Charges
Possession of a live pangolin in contravention of section 9(1) of the Controlled Wildlife Act, No 9 of 2008.
Species
Transnational
No
Decision
After perusing the Magistrate’s reasoning in determining the appropriate sentence, the Court held that the Magistrate did not misdirect himself. The Magistrate correctly took into account the seriousness of the offence, and the need to impose a sentence that would act as a deterrent. Against these considerations, the Magistrate took into account the personal circumstances of the appellants and was aware that punishment must be blended with a measure of mercy according to the circumstances of the case. The sentence imposed was therefore appropriate, and the appeal was dismissed.
Appealed
Yes
Penalty
Penalty Imprisonment: 24 months Fine: Community service: Probation: Other: Effect of penalty Suspended: 12 months of the 24 months suspended for five years 5 years on appropriate conditions Backdated:
Legislation cited
Controlled Wildlife Act, No. 9 of 2008
Text and analysis