S v Jacob

Country
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2012
Abstract

Offence is alleged to have occurred on 7 September 2009 at or near Mahango Game Park (in the district of Rundu). The accused wrongfully and unlawfully hunted 3 kudus without a special permit. He was wrongly sentenced to a fine of N$3000 Namibian dollars or in default of payment 20 months’ imprisonment. This was wrong because he was held to have hunted specially protected game, which was not the case as kudus are not specially protected game. Thus, the High Court concluded that the Magistrate erred and the accused was found to have contravened section 20(1) and (2)(b) of Ordinance 4 of 1975 and instead sentenced to a sentence of N$1 500 Namibian dollars or 12 months imprisonment.

Language of document
English
Reference number
[2012] NAHC 223
Species
Transnational
No
Decision
The High Court concluded that the Magistrate erred in finding kudus to be protected game. Thus, the accused was found to have contravened section 20(1) and (2)(b) of Ordinance 4 of 1975 and instead sentenced to a sentence of N$1 500 Namibian dollars or 12 months imprisonment.
Appealed
Yes
Penalty
Penalty Imprisonment:12 months Fine:1500 Namibian Dollars Community service: Probation: Other: Effect of penalty Suspended: Backdated:
Legislation cited
Criminal Procedure Act, No. 51 of 1977
Nature Conservation Ordinance, No. 4 of 1975