S v Somseb (CRIMINAL 149 of 2007) [2007] NAHC 79 (5 October 2007)

S v Somseb (CRIMINAL 149 of 2007) [2007] NAHC 79 (5 October 2007)

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

Citation
[2007] NAHC 79
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 / Review Judgment
Outcome
Sentence varied on review
Legal Topics
Hunting of Protected Game, Sentencing, Suspension of Sentence
Source Language
English
Criminal Law Wildlife Law Hunting of Protected Game Sentencing Suspension of Sentence

Case Brief

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Parties

The State

Prosecutor

Willem Somseb

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the sentence imposed for hunting specially protected game was excessive given the accused's personal circumstances
  2. 2 Appropriateness of suspending part of the custodial sentence

Ratio Decidendi

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

Court Disposition

Sentence varied on review

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 during the period of suspension.
  • The accused will serve an effective prison term of three years, with effect from February 07, 2006.