JANUARY J (SALIONGA J concurring):
 The appellant was charged with contravening section 16(1) read with sections 1, 16(1)(a),
6(2) and 33 of Act 1 of 2010-Dealing in illicit tobacco products to the value of N$2000.
 He was represented by Ms Shailemo, pleaded guilty to the charge and was convicted.
 He was sentenced to 18 months imprisonment without the option of a fine.
 The appellant filed his notice appeal late with an application of condonation and supporting
affidavit. The respondent, represented by Ms Nghiyoonanye did not oppose the application.
She conceded that the appellant has prospects of success on appeal as the sentence is
startlingly inappropriate and induces a sense of shock. Ms Nghiyoonanye further conceded that
a fine would have been appropriate considering the personal circumstances of the appellant.
 The appellant is a first offender at the age of 37 years old. He pleaded guilty as a sign of
remorse. He lives with an 80 year old mother and has 7 children. Four of the children attend
school and the appellant is responsible for their maintenance. He is unemployed but generates
income from odd jobs.
 I agree with the concession that the sentence is inappropriate and that a fine would have
been appropriate. In my considered view, the magistrate overemphasized the seriousness of
the offence. The appellant however already served slightly more than 7 months imprisonment.
Imposing a fine at this stage would, in my view be prejudicial to the appellant. Hence the order