S v Somseb (CRIMINAL 149 of 2007) [2007] NAHC 79 (05 October 2007);
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
WILLEM SOMSEB
VAN NIEKERK, J et SILUNGWE, AJ
2007.10.05
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[1] The accused, in this automatic review matter, was tried in the Grootfontein Magistrate’s Court, on one count of hunting specially protected game, (namely: a giraffe, valued at N$9000-00) in contravention of section 26(1) of Ordinance 40 of 1975. He was convicted as charged and sentenced to five years direct imprisonment.
When the learned presiding Magistrate was queried about the severity of the sentence passed on a thirty-year old first offender, a married labourer with ten children, most of whom being minors. The sentencer has now responded in these terms:
In the circumstances, I agree that part of the sentence be suspended, but only to the extent as indicated below, given the aggravating factor already referred to by the sentencer.
[4] the sentence of five years’ imprisonment is confirmed, but two years thereof are suspended for three years on condition that the accused is not convicted of a crime in contravention of section 26(1) of Ordinance 40 of 1975, committed during the period of suspension; the accused will, therefore, serve an effective prison term of three years, with effect from February 07, 2006, when he was initially sentenced. SILUNGWE, AJ
It is ordered as follows: