Lang v S (CA 53 of 2013) [2013] NAHCMD 248 (22 August 2013)

Lang v S (CA 53 of 2013) [2013] NAHCMD 248 (22 August 2013)

There are reasonable prospects that a different court may impose a non-custodial sentence for culpable homicide, and continued incarceration would cause actual prejudice if the appeal succeeds; therefore, bail pending appeal should be granted in the interests of justice.

Citation
[2013] NAHCMD 248
Parties
Appellant: Adrian J Lang; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
22 August 2013
Case Number
CA 53 of 2013
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal
Outcome
appeal allowed
Legal Topics
Bail Pending Appeal, Culpable Homicide, Sentencing, Prospects of Success on Appeal
Source Language
English
Criminal Law Criminal Procedure Bail Pending Appeal Culpable Homicide Sentencing Prospects of Success on Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Adrian J Lang

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal

Legal Issues

  1. 1 Whether the appellant should be granted bail pending appeal against sentence for culpable homicide
  2. 2 Whether there are reasonable prospects of success on appeal against sentence

Ratio Decidendi

There are reasonable prospects that a different court may impose a non-custodial sentence for culpable homicide, and continued incarceration would cause actual prejudice if the appeal succeeds; therefore, bail pending appeal should be granted in the interests of justice.

Court Disposition

appeal allowed

Orders

  • Appellant admitted to bail pending appeal