Country
Court
Type of court
Court jurisdiction
Date of opinion
2012
Abstract
The appellant in this matter was found in possession of raw Ivory and sentenced. Which it seems, he claimed he was not involved with. He was charged with contravening section 2(1)(a), read with s. 1 of Proclamation AG 42 of 1980 (as amended). And found guilty. However due to certain misdirections on the part of the learned trial magistrate and possible irregularities in the proceedings, the appellant claimed that there had been a failure of justice on all counts.
Language of document
English
Charges
Contravention of s. 2(1)(a), read with s. 1 of Proclamation AG 42 of 1980 (as amended)
Species
Transnational
No
Decision
1. The conviction and sentence on counts 1 and 4 were set aside. 2. The conviction on count 2 was upheld.
Appealed
No
Penalty
Penalty Imprisonment: 2 years Effect of penalty 1. one year was suspended for five years on condition that the appellant was not convicted of the offence of contravening s. 2(1)(a), read with s. 1, of Proclamation AG 42 of 1980 (as amended), committed during the period of suspension. 2. The sentence in was backdated to 23 May 2011.
Court cases cited
S v Tjiromongua (CR 06-2013) [2013] NAHCMD 31
Daniel v Attorney-General and others; Peter v Attorney-General and others 2011 (1) NR 330 (HC)
State v Mbahuma Tjambiru CR 47/2008