Country
Court
Type of court
Seat of court
Windhoek
Type of case
Date of opinion
2018
Abstract
This is an appeal case where the court looked into the procedure taken to try the matter at the lower court. The judges questioned whether the convictions in the trial court were duplicated.
Language of document
English
Reference number
[2018] NAHCMD 255
Charges
The accused appeared in the magistrate’s court for the district of Karibib on four counts in contravention of diverse sections of the Nature Conservation Ordinance 4 of 1975, and trespassing in contravention of s 1(1) of the Trespass Ordinance 3 of 1962, as amended.
Species
Zebra
Transnational
No
Decision
The court ordered that: 1. The convictions and sentences on counts 1, 3 and 4 are confirmed. 2. The conviction and sentence on count 5 are set aside. 3. The order that ‘All sentences to run cumulatively’ is struck.
Appealed
Yes
Court cases cited
S v Hamukwaya (CR 40/2018) [2018] NAHCMD 155
S v Sevenster 2002(2) SACR 400 (CPD)
S v Gaseb and Others 2000 NR 139 (SC)
S v Mhlakaza and Another 1997 (1) SACR 515 (SCA)
1. S v Coales 1995 (1) SACR 33 (A)
Legislation cited
Correctional Service Act, No. 9 of 2012
Criminal Procedure Act, No. 51 of 1977
Trespass Ordinance, No. 3 of 1962
Nature Conservation Ordinance, No. 4 of 1975
Text and analysis