NO. CR 52/96
THE HIGH COURT OF NAMIBIA
COURT REVIEW CASE NO. 124 5/96)
J. et ANGULA, A.J.
accused pleaded guilty and was
on his own plea for having contravened section 2 of Act 75 of 1969 in
that he was in possession of a firearm, a Parabellum pistol, without
a licence; contravention of section 36 of the same Act in that he was
in possession of ammunition, 13 rounds of the said pistol, 1 round of
AK 47 rifle and one round of a .22 rifle.
pleaded not guilty to a further charge of contravention of section
39(1) (i) in that he pointed the aforesaid pistol to one Agnes
Ruhepo. After evidence was led, and the accused himself testified, he
was also convicted on this charge.
accused then informed the Court about his personal circumstances
namely that; he is 20 years old of age, single with 3 minor children,
unemployed, and that he was not able to pay a fine.
presiding magistrate sentenced him to a period of two (2) years
imprisonment in respect of count 1 and four (4) months
imprisonment in respect of count 2 and eight (8) months
in respect of count 3.
record has been forwarded to me for review in terms of section 3 06
of the Criminal Procedure Act of 1977 as amended. The magistrate sent
a covering letter informing me that the accused told him that he (the
accused) was unable to pay a fine and he (the magistrate) did
accordingly not give him an option of fine. The magistrate further
informed me that "in the afternoon", probably of the same
day, after the accused had been sentenced, the parents of the accused
approached him with a request to impose an option of fine. The
magistrate said that had the accused told him that he was able to pay
a fine he would have considered to impose an imprisonment period with
an option to pay a fine. He accordingly requested me to consider
granting an option of fine to the accused.
must point out that I am satisfied that the proceedings in this
matter took place in accordance with justice and no irregularity was
committed by the presiding magistrate.
have considered the personal circumstances of the accused, the
interest of the society as well as the offence committed by the
accused together with the magistrate's request. I am prepared to
substitute the sentence imposed by the learned magistrate, with what
I consider to be an appropriate sentence under the circumstances.
the sentence is substituted with the following sentence:
1 and 2: One (1) year imprisonment or a fine of
Six (6) months imprisonment suspended in
for a period of two (2) years on condition that the accused is not
convicted for contravention of section 39(1) (i) of Act 75 of 1969 as
amended within the period of suspension.