S v Shilyola (Case No. CR 78/08) [2008] NAHC 66 (03 July 2008);

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S v BONIFATIUS KONSTANTINOS

CASE NO. CR 78/08


IN THE HIGH COURT OF NAMIBIA

In the matter between:

THE STATE

versus

GERISON SHILYOLA


                           (HIGH COURT REVIEW CASE NO.: 1282/06)

CORAM:            MULLER, J et MANYARARA, A.J.

Delivered on:    2008.07.03
______________________________________________________________________________

REVIEW JUDGMENT

MANYARARA, A.J.:

[1]      The accused was convicted on his own guilty plea of contravening section 2 of Act 7 of 1996 in that he possessed a firearm without a licence. He was sentenced to N$1000-00 or 6 months          imprisonment. However, the magistrate omitted to declare the accused unfit to possess a firearm as required by the Act despite being alerted thereto by the prosecutor. The magistrate has       admitted his mistake and requested this court to correct the mistake. This will be done.

[2]      Accordingly, the conviction and sentence are proper and they are hereby confirmed. The case record is returned to the magistrate’s court for that court to summon the accused and conduct the enquiry required by the Act with a view to declare him unfit to posses a firearm.

[3]      According to the prosecutor, “the firearm belongs to someone else.” If so, the lawful owner is entitled to possess the firearm on condition that he is in possession of a valid licence to possess the firearm.


__________________
MANYARARA, AJ



I agree





__________________

MULLER, J











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