Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
1991
Abstract
The appellant was caught dealing illegally in ivory and charged with contravening section 2(1)(a) of the AG Proclamation 42 of 1980 – the controlled Games Products Proclamation. As a result, he was sentenced to 5 years imprisonment and 18 months of the sentence was suspended. The appellant appealed against the court a quo’s sentence contending that the court a quo accentuated the seriousness or gravity of the offence and treated the retributive effect of the sentence as the major aspect in assessing an appropriate sentence for the offence.
Language of document
English
Reference number
(SA 2/91) [1991] NASC 1
Species
Money value
R195.00 per kg (ivory)
Transnational
No
Decision
The Court held that the sentence imposed by the court a quo was grossly inappropriate and induces a sense of short. As a result, the Court set aside the sentence. The court remitted the case to the court a quo for the imposition of sentence by the trial Judge which is in conformity with this Court’s direction.
Appealed
No
Penalty
Penalty Imprisonment: N/A Fine: N/A Community service: N/A Probation: N/A Other: N/A Effect of penalty Suspended: N/A Backdated: N/A
Court cases cited
S v Khumalo & Others 1984 (3) SA 327
S v Gwarada 1981 (2) S 531 (ZAD)
S v Holder 1979 (2) SA 70
S v Christodoulou & Others 1979 (3) 523 (AD)
S v Rabie 1975 (4) SA 855 (A)
S v Whitehead & Another 1971 (4) SA 613 (AD)
S v Whitehead 1970 (4) SA 424 (A)
S v Letsoko & Others 1964 (4) SA 768 (AD)
S v Karg 1961 (1) SA 231 (A)
R v Swanepoel 1945 AD 444
Legislation cited
AG Proclamation, No. 42 of 1980 (Controlled Game Products Proclamation)
Criminal Procedure Act, No. 51 of 1977
Text and analysis