S v HAESEB

Country
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2017
Abstract

The accused entered onto the complainant’s farm in order to hunt an oryx and was charged with the offence of unlawful hunting of huntable game, and trespassing. The accused pleaded guilty to both counts and were accordingly convicted. The question arose whether there was a duplication of convictions when the court convicted on both counts. The correct approach would have been to apply the applicable tests from which the court would have concluded that, although the accused committed two separate acts, they had done so with a single intent and, in order to carry out their intention to hunt, they had to enter the farm. Both acts were thus necessary to carry out that single intent. The conviction and sentence on count two was set aside.

Language of document
English
Reference number
(CR 16-2017) [2017]
Species
Transnational
No
Decision
The accused admitted that they went to the complainant’s farm in order to hunt an oryx, and further pleaded guilty to the charge of trespassing preferred in count 2. It is clear that the accused persons committed two separate acts (unlawful hunting and trespassing) which each, standing alone, was criminal and in contravention of the provisions of two separate ordinances, but with the single intent to hunt. The act of unlawful hunting and trespassing constituted one criminal transaction ie to hunt. In these circumstances the accused should not also have been convicted of trespassing as this resulted in a duplication of convictions. The conviction on count 2 was set aside while the conviction on count 1 was confirmed.
Appealed
No
Penalty
Penalty Imprisonment: Effect of penalty Setting aside count two conviction and continuing with count one conviction.
Court cases cited
S v Gaseb and Others 2000 NR 139 (SC)
Legislation cited
Criminal Procedure Act, No. 51 of 1977
Nature Conservation Ordinance, No. 4 of 1975