Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2011
Abstract
This was a review case where the judges looked into the sentences that had been given by the magistrate at the lower court for 2 accused persons who were found to be unlawfully in possesson of game meat.
Language of document
English
Reference number
[2011] NAHC 86
Charges
The two accused were convicted in the Gobabis magistrate’s court on a charge of contravening section 51 of the Nature Conservation Ordinance, 1975 (Ord. 4of 1975), as amended, in that they were unlawfully in possession of game meat.
Transnational
No
Decision
The convictions were confirmed but the sentences were set aside to read: Accused number 1: 65 (sixty-five) days imprisonment. In addition thereto the accused is sentenced to a fine of N$250 (two hundred and fifty Namibia Dollars) or 25 (twenty-five) days imprisonment which is wholly suspended for 5 (five) years on condition that the accused not convicted of a contravention of Section 51 of the Nature Conservation Ordinance, 1975 (Ordinance 4 of 1975), committed within the period of suspension. Accused number 2: N$250 (two hundred and fifty Namibia Dollars) or 25 (twenty five days imprisonment. In addition thereto 65 (sixty-five) days imprisonment which is wholly suspended for 5 (five) years on condition the accused is not convicted of a contravention of section 51 of the Nature Conservation Ordinance, 1975 (Ordinance 4 of 1975), committed within the period of suspension.
Appealed
No
Penalty
Penalty Imprisonment: 25 days imprisonment and 65 days in addition to it which is wholly suspended for 5 years Fine: N$250 Effect of penalty Suspended: 5 years Backdated: 14 July 2010
Legislation cited
Criminal Procedure Act, No. 51 of 1977
Nature Conservation Ordinance, No. 4 of 1975
Text and analysis