S v Shilyola (CR 78/08) [2008] NAHC 138 (16 June 2008);

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Full judgment


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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