Court name
High Court Main Division
Case number
CRIMINAL 68 of 2013
Title

S v Geingob (CRIMINAL 68 of 2013) [2013] NAHCMD 311 (01 November 2013);

Media neutral citation
[2013] NAHCMD 311
Coram
Hoff J
Unengu AJ













NOT REPORTABLE







REPUBLIC OF NAMIBIA



HIGH COURT OF NAMIBIA
MAIN DIVISION, WINDHOEK







JUDGMENT



Case no: CR: 68/2013











In the matter between:







THE STATE



and



MARTIN GEINGOB
.........................................................................................ACCUSED







(HIGH COURT MAIN DIVISION
REVIEW REF NO. 1372/2013











Neutral citation:
S v Geingob
(CR68/2013)[2013]NAHCMD 311(01 November 2013)











Coram: HOFF J and
UNENGU AJ







Delivered: 01 November
2013





























ORDER





(a) The conviction is
confirmed.







(b) The sentence is set
aside and substituted with the following sentence:







A fine of N$1000 or six
months imprisonment.







(c) The sentence is
antedated to 10.09.2013.









JUDGMENT









HOFF J (UNENGU AJ
concurring):







[1] The accused was
convicted in Outjo magistrate’s court for the possession of
cannabis (two balies) in contravention of the provisions of s 2(b)
of Act 41 of 1971 as amended and sentenced to a fine of N$2000 or 24
months imprisonment. The accused was a first offender and did not pay
the fine.







[2] I queried the
magistrate in respect of the sentence of 24 months imprisonment
imposed.







[3] The magistrate in his
reply justified the sentence emphasising the effect of drugs
especially on young people in the society.







[4] I am however of the
view that the magistrate misdirected himself by over-emphasising the
interests of society and did not give due regard to the fact that the
accused was a first offender, the small amount of cannabis found in
his possession, and the fact that there is no evidence that the
accused intended to sell the said cannabis.







[5] In the result the
following orders are made:







(a) The conviction is
confirmed.







(b) The sentence is set
aside and substituted with the following sentence:







A fine of N$1000 or six
months imprisonment.







(c) The sentence is
antedated to 10.09.2013.































---------------------------------



E P B HOFF



Judge



























----------------------------------



E P UNENGU



Acting Judge