REPUBLIC OF NAMIBIA                    NOT REPORTABLE

HIGH COURT OF MAIN DIVISION, WINDHOEK

REVIEW JUDGMENT

									       Case no:  CR 45/2013
In the matter between:

THE STATE										APPLICANT
And
MARIA KASHOPATII							       RESPONDENT

(HIGH COURT MAIN DIVISION CASE NO 14/2013)

Neutral citation:	 The State v Kashopatii (CR 14/2013) [2013] NAHCMD 212 (24 July 2013) 

Coram:	NDAUENDAPO J et SIBOLEKA J
Delivered:	 24 July 2013

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				ORDER 
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The conviction is confirmed, the sentence is set aside and substituted with the following:
Fined N$1000.00 (one thousand Namibian dollars) or in default of payment 6 (six) months imprisonment wholly suspended for 5 (five) years on condition that the accused is not convicted of possession of a firearm without a licence committed during the period of suspension.
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REVIEW JUDGMENT 
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NDAUENDAPO J (SIBOLEKA J concurring):

[1]  The accused appeared in the magistrate’s court of Windhoek on a charge of possession of a firearm without a licence (in contravention of section 2 read with section 1, 38) and 39 of act 7 of 1996 (as amended)

[2]  He was convicted on his own plea and sentenced as follows:

‘N$1000.00 (one thousand Namibian dollars) or 6 (six) months imprisonment wholly suspended for 5 (five) years on condition accused does not commit offence of possession of a fire-arm without a licence during period of suspension.  Order:   accused declared unfit to possess a firearm for 2 years’.

[3]  The conviction is in order, but the sentence is not in accordance with the law and cannot be allowed to stand.

In the result, I make the following order:
The conviction is confirmed, the sentence is set aside and substituted with the following:
Fined N$1000.00 (one thousand Namibian dollars) or in default of payment 6 (six) months imprisonment wholly suspended for 5 (five) years on condition that the accused is not convicted of possession of a firearm without a licence committed during the period of suspension.

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									GN NDAUENDAPO 
									JUDGE

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									AM SIBOLEKA 
									JUDGE