S v Mazinima and Another (CR 15/2017) [2017] NAHCMD 40 (17 February 2017);

Group

Full judgment

NOT REPORTABLE

REPUBLIC OF NAMIBIA

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


1.   The convictions on counts 1 and 2 are confirmed.

2.   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:

1.   The convictions on counts 1 and 2 are confirmed.

2.   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.

___________________

J C LIEBENBERG

JUDGE

___________________

N N SHIVUTE

JUDGE


1Accused 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.

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