S v Kandjimi and another

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

After being convicted of unlawfully hunting huntable game, 5 oryx, without a permit, the accused took the matter on review. At trial, accused no. 1 alleged that he did not point out or admit anything, that he did not lead the police to any scene, and that he was handcuffed and beaten. Accused no. 3 denied pointing out anything altogether. The trial magistrate convicted accused no. 1 of hunting the 5 oryx, and accused no. 3 of hunting the one oryx at the first scene. On review of the magistrate’s decision, the following questions were posed: was the evidence of pointing out by accused no. 1 and his admissions inadmissible; if yes, was there sufficient evidence to sustain a conviction of 5 oryx; and if accused no. 1 should only be convicted in respect of one oryx, what should the sentence be?

Language of document
English
Reference number
[2013] NAHCMD 62 (7 March 2013)
Charges
c/section 30(1)(a) of the Nature Conservation Ordinance, 1975 (Ordinance 4 of 1975), in that he unlawfully hunted huntable game, to wit 5 oryx without a permit.
Species
Transnational
No
Decision
The review court ruled that the conviction of accused no. 1 was confirmed, but only in respect of one oryx. Furhtermore, the sentence of accused no. 1 was set aside and substituted with a sentence of 3 months imprisonment, backdated to 09 May 2012. The conviction and sentence of accused no. 3 was confirmed.
Appealed
No
Penalty
Penalty Imprisonment: 3 months (accused no. 1); 4 months suspended (accused no. 2) Fine: Community service: Probation: Other: Effect of penalty Suspended: Backdated: 09 May 2012