REPUBLIC OF NAMIBIA NOT REPORTABLE
HIGH COURT OF NAMIBIA, MAIN DIVISION
JUDGMENT
CASE NO: CR No: 15/2017
In the matter between:
THE STATE
and
MATTHEUS MAZINIMA ACCUSED NO 1
ALFRED GOAGOSEB ACCUSED NO 2
HIGH COURT MD REVIEW CASE NO 1651/2016
Neutral citation: S v Mazinima (CR 15-2017) [2017] NAHCMD 40 (17 February 2017)
CORAM: LIEBENBERG J et SHIVUTE J
DELIVERED: 17 February 2017
ORDER
The convictions on counts 1 and 2 are confirmed.
The sentence on count 1 is confirmed but amended to read: 12 months’ imprisonment of which 6 months is suspended for a period of 5 years on condition that the accused is not convicted of the offence of hunting huntable game in contravention of s 30(1)(b) of Ordinance 4 of 1975, committed during the period of suspension.
JUDGMENT
LIEBENBERG J: (Concurring SHIVUTE J)
[1] The accused were charged with offences committed under the Nature Conservation Ordinance 4 of 1975 and convicted after pleading guilty.1 The convictions are in order and will be confirmed on review.
[2] Whilst accused no 2 was given a fine, accused no 1 was sentenced to 12 months’ imprisonment, partly suspended on condition of good conduct. The sentence of accused no 2 is not reviewable but that of accused no 1 is. When the matter came on review I directed a query to the presiding magistrate enquiring whether the sentence imposed on count 1 was proper without stating that the accused should not be convicted of committing the same offence committed during the period of suspension. The magistrate in response concedes the omission and prays for the sentence to be corrected.
[3] In the result it is ordered:
The convictions on counts 1 and 2 are confirmed.
The sentence on count 1 is confirmed but amended to read: 12 months’ imprisonment of which 6 months is suspended for a period of 5 years on condition that the accused is not convicted of the offence of hunting huntable game in contravention of s 30(1)(b) of Ordinance 4 of 1975, committed during the period of suspension.
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J C LIEBENBERG
JUDGE
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N N SHIVUTE
JUDGE
1 Accused no 1 in contravention of s 30(1)(a) – Hunting huntable game;
Accused no 2 in contravention of s 50(1) – Removal of game found dead.