S v Someb (CRIMINAL 149 of 2007) [2007] NAHC 134 (5 October 2007)

Part of the sentence should be suspended due to the accused's personal circumstances, but the seriousness of the offence and aggravating factors justify a substantial custodial sentence.

Citation: [2007] NAHC 134
Parties: Prosecutor: The State; Accused: Willem Somseb
Court: High Court
Jurisdiction: Namibia
Judgment Date: 5 October 2007
Case Number: CRIMINAL 149 of 2007
Procedural Posture: Criminal / High Court Review of Magistrate's Court Conviction and Sentence
Outcome: Sentence varied; part suspended
Legal Topics: Hunting of Specially Protected Game, Sentencing, Suspension of Sentence
Source Language: English

Criminal Law Wildlife Law Hunting of Specially Protected Game Sentencing Suspension of Sentence

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Parties

The State

Prosecutor

Willem Somseb

Accused

Procedural Posture

Criminal / High Court Review of Magistrate's Court Conviction and Sentence

Legal Issues

1 Whether the sentence imposed was excessive given the accused's personal circumstances
2 Appropriateness of suspending part of the sentence

Ratio Decidendi

Part of the sentence should be suspended due to the accused's personal circumstances, but the seriousness of the offence and aggravating factors justify a substantial custodial sentence.

Court Disposition

Sentence varied; part suspended

Orders

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 serve an effective prison term of three years, with effect from February 07, 2006.