Nghiwilepo v S (CA 171 of 2006) [2011] NAHC 85 (22 March 2011)

Nghiwilepo v S (CA 171 of 2006) [2011] NAHC 85 (22 March 2011)

The appellant failed to provide a reasonable and acceptable explanation for the late filing of the notice of appeal and did not demonstrate prospects of success on the merits; therefore, condonation was refused and the appeal was struck from the roll.

Citation
[2011] NAHC 85
Parties
Appellant: Cornelius Nghiwilepo; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
22 March 2011
Case Number
CA 171 of 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal struck from the roll
Legal Topics
Rape, Appeal Procedure, Condonation for Late Filing, Sentencing
Source Language
English
Criminal Law Rape Appeal Procedure Condonation for Late Filing Sentencing

Case Brief

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Parties

Cornelius Nghiwilepo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether condonation for late filing of appeal should be granted
  2. 2 Whether the conviction for rape was proper
  3. 3 Whether the sentence imposed was appropriate

Ratio Decidendi

The appellant failed to provide a reasonable and acceptable explanation for the late filing of the notice of appeal and did not demonstrate prospects of success on the merits; therefore, condonation was refused and the appeal was struck from the roll.

Court Disposition

Appeal struck from the roll