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
S v Kashopatii (CR 45/2013) [2013] NAHCMD 212 (24 July 2013);