High Court commutes prison sentence in drug case
A man who was sentenced to 18 months in prison in February this year after he was caught with 142 grams of marijuana in addition to highly addictive medication had his prison sentence set aside in the Windhoek High Court yesterday.
Judge Philanda Christiaan ordered that Donovan Kooper be released from custody after she commuted an 18-month prison sentence to a fine of N$3 000 or six months’ imprisonment, entirely suspended on the condition that Kooper is not found guilty of similar offences within the next five years.
Kooper's release from detention was ordered on the condition that he is not held in connection with another case.
In addition to the marijuana, Kooper was found in possession of 59 tablets containing a powerful sedative drug, methaqualone.
He reportedly admitted that the marijuana and medication were for his own use and pleaded guilty to the drug possession charges at the start of his trial.
Appeal a success
Kooper was sentenced in the Bethanie Magistrate's Court and appealed the sentence in September in the Windhoek High Court.
"The magistrate attempted to make an example of the appellant in light of the fact that the magistrate declared him an addict who must be removed from society in order to cure him of his addiction," Kooper's appeal read.
"It is argued that such a finding is totally irrelevant, unsolicited and unsubstantiated," the appeal argument noted.
Kooper's legal representative, Percy McNally from Metcalfe Beukes Attorneys, also argued that there was no factual basis for the finding that Kooper was addicted to marijuana.
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Judge Philanda Christiaan ordered that Donovan Kooper be released from custody after she commuted an 18-month prison sentence to a fine of N$3 000 or six months’ imprisonment, entirely suspended on the condition that Kooper is not found guilty of similar offences within the next five years.
Kooper's release from detention was ordered on the condition that he is not held in connection with another case.
In addition to the marijuana, Kooper was found in possession of 59 tablets containing a powerful sedative drug, methaqualone.
He reportedly admitted that the marijuana and medication were for his own use and pleaded guilty to the drug possession charges at the start of his trial.
Appeal a success
Kooper was sentenced in the Bethanie Magistrate's Court and appealed the sentence in September in the Windhoek High Court.
"The magistrate attempted to make an example of the appellant in light of the fact that the magistrate declared him an addict who must be removed from society in order to cure him of his addiction," Kooper's appeal read.
"It is argued that such a finding is totally irrelevant, unsolicited and unsubstantiated," the appeal argument noted.
Kooper's legal representative, Percy McNally from Metcalfe Beukes Attorneys, also argued that there was no factual basis for the finding that Kooper was addicted to marijuana.
– [email protected]
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