The court considered a review of the court below’s finding relating to the accused’s charge. The accused was charged and convicted of contravening s 30 (1) of Ordinance 4 of 1975 for unlawfully hunting huntable game. The accused was found in possession of a shotgun, which he had used in the commission of the offence. He was convicted and sentenced. The matter was taken on review on the basis that the court below failed to take cognisance and to mero motu apply the provisions of section 10 of the Arms and Ammunition Act. The court found enquired from the court below whether it was not obliged to act in accordance with section 10 of the Arms and Ammunition Act? Section 10 relates to declaring a person unfit to possess a firearm when found guilty of an offence whereby he was in possession of a firearm without the requisite permit. The court below responded to the query and stated that the provision had slipped his mind. The court found that section 10 was imperative and the matter ought to be remitted back to the court below to give effect to the Act.
Country
Court
Type of court
Seat of court
Oshakati
Date of opinion
2010
Abstract
Language of document
English
Reference number
195/2010
Charges
Contravening s 30(1) of Ordinance 4 of 1975 for unlawfully hunting huntable game.
Species
Transnational
No
Decision
The court considered the failure of the court below to take cognisance of section 10 of the Arms and Ammunition Act. The court remitted the matter to the court below to give effect to the Act.
Appealed
No
Penalty
Penalty Imprisonment: 6 months Fine: Community service: Probation: Other: Effect of penalty Suspended: Backdated:
Legislation cited
Arms and Ammunition Act, No. 7 of 1996
National Conservation Ordinance, No. 4 of 1975
Text and analysis