S v Wakunuma (CRIMINAL 54 of 2010) [2010] NAHC 142 (28 September 2010)

S v Wakunuma (CRIMINAL 54 of 2010) [2010] NAHC 142 (28 September 2010)

The suspended sentence was incorrectly formulated by referencing the wrong statutory provision and using the term 'property' instead of 'goods'; the sentence was substituted to correctly reference section 14(1)(a) and the proper terminology.

Citation
[2010] NAHC 142
Parties
Prosecution: State; Accused: Wakunuma Wakunuma
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 September 2010
Case Number
CRIMINAL 54 of 2010
Procedural Posture
Criminal Review / Review Judgment
Outcome
conviction confirmed; sentence substituted
Legal Topics
Failure to Declare Goods, Suspended Sentence, Formulation of Sentence
Source Language
English
Criminal Law Customs Law Failure to Declare Goods Suspended Sentence Formulation of Sentence

Case Brief

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Parties

State

Prosecution

Wakunuma Wakunuma

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the formulation of the suspended sentence was correct under section 14(1)(a) of the Customs and Excise Act, 20 of 1998.

Ratio Decidendi

The suspended sentence was incorrectly formulated by referencing the wrong statutory provision and using the term 'property' instead of 'goods'; the sentence was substituted to correctly reference section 14(1)(a) and the proper terminology.

Court Disposition

conviction confirmed; sentence substituted

Orders

  • The conviction is confirmed.
  • The sentence is substituted with: N$1000 or 1 year imprisonment of which N$500 or 6 months is suspended for 4 years on condition that the accused is not found guilty of not declaring goods in contravention of section 14(1)(a) of the Customs and Excise Act, 20 of 1998, committed during the period of suspension.