Court name
High Court Main Division
Case number
CRIMINAL 45 of 2013
Title

S v Kashopatii (CRIMINAL 45 of 2013) [2013] NAHCMD 212 (24 July 2013);

Media neutral citation
[2013] NAHCMD 212
Coram
Ndauendapo J
Siboleka J












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





____________________________________________________________________


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.


______________________________________________________________________


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