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?
Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2013
Abstract
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
Text and analysis