The State v Mbambi Tuhandi and Ndora Petrus

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

Two men were charged, in the Magistrate’s Court at Okahandja for contravening section 30 (1)(a), read with section 1, 30(1)(b) + (c), 85, 89 and 89A of the Nature Conservation Ordinance 4 of 1975 as amended, and further read with sections 90 and 250 of Act 51 of 1977; that is hunting a warthog at Farm Ouparakane without a permit and theft of the same warthog. They were sentenced accordingly on each count in terms of section 112(1)(b) of Act 51 of 1977. The matter was submitted to the Windhoek High Court Main Division (High Court) for review. The High Court held that it is a duplication of charges to convict and punish an accused twice on one and the same offence he had committed at the same time and place. Both the conviction and sentence on the second count were set aside.

Language of document
English
Reference number
[2013] NAHCMD367
Money value
N$600
Transnational
No
Decision
The High Court on review, came to the finding that it is a duplication of charges to convict and punish an accused twice on one and the same offence he had committed at the same time and place. Both the conviction and sentence on the second count of theft of the warthog were set aside.
Appealed
No
Penalty
Penalty Imprisonment: Fine: Yes Community service: Probation: Other: Conviction and sentence on second count set aside Effect of penalty Suspended: Backdated: