Lang v The State

Country
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2013
Abstract

The facts are that the the appellant owned a safari lodge on a piece of land within a nature reserve. His main tourist attraction was the wildlife on the nature reserve. However poaching on the reserve had led to the reduction in wildlife sightings and therefore lower volumes of business. The appellant had, on numerous occasions before that, found snares around his horses and Oryx on the conservancy. On the date in question, following the discovery that one of his horses had a snare around its neck, the appelant contacted the head of his appointed anti poaching unit, who at the time was incapacitated to investigate and apprehend the poachers. The appelant then proceeded with the rest of available the anti poaching unit to search for the poachers. Upon approaching the suspected poachers, the appelant shouted at them to sit down, to which they responded by fleeing. The appelant then fired warning shots aimed at the hill lock with the hope that the poachers would stop and surrender to arrest. One of the shots managed to hit one of the poachers who later died as a result. The court of first instance believed that the the appellant took the law into his own hands and his actions had caused shock to the surrounding community. Therefore his actions warranted a prison sentence.

Language of document
English
Charges
1) Murder 2) Attempted Murder Alternatively to count 2 a contravention of Section 38 (1) (1) of Act 7 of 1996 as amended (Negligent discharge of a fire-arm). 3) Attempted Murder. Alternatively a further contravention of Section 38 (1) (1) of Act 7 of 1996 as amended. 4) A contravention of Section 29 (1) (a) of Act 7 of 1996 as amended (Possession of a machine gun), alternatively a contravention of Section 2 of Act 7 of 1996 as amended (Possession of an unlicensed fire-arm).
Transnational
No
Decision
The appeal succeeded. The court replaced the custodial sentence with a N$ 15 000 fine or 2 years imprisonment and an additional 3 years imprisonment, wholly suspended for 5 years on the basis that the accused was not convicted of culpable homicide or any other offence involving injury to the person of during the period of suspension for which he was sentenced to imprisonment without the option of a fine.’
Appealed
No