State defends 9-month prison sentence for fake driver’s licence
Two men convicted and sentenced to nine months in prison last October for purchasing counterfeit driving licences are appealing their conviction.
During plea proceedings last year, one of the men told Rundu magistrate Murray Munelago that they unknowingly obtained counterfeit licences from an unidentified staff member at the Namibian Traffic Information System (NaTIS) in Windhoek.
Despite their claims of innocence, Samuel Ndara and Augustinus Kampiku were found guilty of possessing a falsified certificate under the Road and Transport Act and sentenced to nine months’ behind bars.
The duo have since appealed their conviction and sentencing to the Windhoek High Court, where the case will be heard by judge Hosea Angula.
Excessive punishment
They argue errors in recording admissions of guilt and failure to inform them of their right to remain silent and the implications of formal admissions.
“The appellants [Ndara and Kampiku] also claim the nine-month sentence is excessive, citing mitigating factors like being first-time offenders, employed and breadwinners”, their appeal reads.
The State, represented by prosecutor Taodago Gaweseb, are opposing the appeal.
Gawaseb argued that the magistrate complied with Section 115 of the Criminal Procedure Act by explaining the legal processes to the accused men.
"They chose to provide statements indicating the basis of their defence and did not object to their statements being recorded as formal admissions".
The State maintains that the nine-month custodial sentence is appropriate, arguing that the seriousness of the offence, which involved a breach of trust, warrants the court's punishment.
"Despite them being first-time offenders and breadwinners, it does not outweigh the gravity of the crime".
RA warning
The Roads Authority has warned the public about scammers posing as NaTIS officials, using staff photos on WhatsApp to deceive individuals and offer fake learner’s licences in exchange for e-wallet payments.
The RA emphasised that all NaTIS payments must be made in person at official offices, and it does not accept e-wallet or blue-wallet transactions.
[email protected]
During plea proceedings last year, one of the men told Rundu magistrate Murray Munelago that they unknowingly obtained counterfeit licences from an unidentified staff member at the Namibian Traffic Information System (NaTIS) in Windhoek.
Despite their claims of innocence, Samuel Ndara and Augustinus Kampiku were found guilty of possessing a falsified certificate under the Road and Transport Act and sentenced to nine months’ behind bars.
The duo have since appealed their conviction and sentencing to the Windhoek High Court, where the case will be heard by judge Hosea Angula.
Excessive punishment
They argue errors in recording admissions of guilt and failure to inform them of their right to remain silent and the implications of formal admissions.
“The appellants [Ndara and Kampiku] also claim the nine-month sentence is excessive, citing mitigating factors like being first-time offenders, employed and breadwinners”, their appeal reads.
The State, represented by prosecutor Taodago Gaweseb, are opposing the appeal.
Gawaseb argued that the magistrate complied with Section 115 of the Criminal Procedure Act by explaining the legal processes to the accused men.
"They chose to provide statements indicating the basis of their defence and did not object to their statements being recorded as formal admissions".
The State maintains that the nine-month custodial sentence is appropriate, arguing that the seriousness of the offence, which involved a breach of trust, warrants the court's punishment.
"Despite them being first-time offenders and breadwinners, it does not outweigh the gravity of the crime".
RA warning
The Roads Authority has warned the public about scammers posing as NaTIS officials, using staff photos on WhatsApp to deceive individuals and offer fake learner’s licences in exchange for e-wallet payments.
The RA emphasised that all NaTIS payments must be made in person at official offices, and it does not accept e-wallet or blue-wallet transactions.
[email protected]
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