Benald v State (Appeal Judgment) (CA 87 of 2015) [2016] NAHCMD 75 (14 March 2016)

Benald v State (Appeal Judgment) (CA 87 of 2015) [2016] NAHCMD 75 (14 March 2016)

The trial court did not err in sentencing or in not granting a compensation order, as the appellants had no means to compensate and no application for compensation was made by the complainant. The sentence was appropriate and not shockingly severe.

Citation
[2016] NAHCMD 75
Parties
First Appellant: Ndala Andrew Benald; Second Appellant: Mahingi Joseph; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
14 March 2016
Case Number
CA 87 of 2015
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Compensation, Restitution, Theft
Source Language
English
Criminal Law Sentencing Compensation Restitution Theft

Case Brief

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Parties

Ndala Andrew Benald

First Appellant

Mahingi Joseph

Second Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed by the trial court was shockingly inappropriate or severe
  2. 2 Whether the trial court erred by not granting a compensation order under section 297(i)(aa) of the Criminal Procedure Act 51 of 1977
  3. 3 Whether the trial court failed to consider the appellants' offer to compensate the complainant

Ratio Decidendi

The trial court did not err in sentencing or in not granting a compensation order, as the appellants had no means to compensate and no application for compensation was made by the complainant. The sentence was appropriate and not shockingly severe.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.