S v Kashopatii (CR 45/2013) [2013] NAHCMD 212 (24 July 2013);

Group

Full judgment

NOT REPORTABLE


REPUBLIC OF NAMIBIA

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.

______________________________________________________________________

REVIEW JUDGMENT

______________________________________________________________________

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.















___________________

GN NDAUENDAPO

JUDGE






____________________

AM SIBOLEKA

JUDGE



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