S v Herero and Another (CA 59 of 2010) [2011] NAHC 305 (30 September 2011)

S v Herero and Another (CA 59 of 2010) [2011] NAHC 305 (30 September 2011)

The appellants satisfied the requirement of providing a reasonable explanation for the delay, but failed to demonstrate reasonable prospects of success on appeal. The magistrate's findings were supported by the evidence and free from misdirection.

Citation
[2011] NAHC 305
Parties
Appellant: Daniel Herero; Appellant: Another; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
30 September 2011
Case Number
CA 59 of 2010
Procedural Posture
Criminal Appeal / Application for Condonation for Late Filing of Appeal
Outcome
application for condonation refused; appeal struck from the roll
Legal Topics
Condonation, Late Filing of Appeal, Prospects of Success, Sexual Offences
Source Language
English
Criminal Law Criminal Procedure Condonation Late Filing of Appeal Prospects of Success Sexual Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Daniel Herero

Appellant

Another

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Condonation for Late Filing of Appeal

Legal Issues

  1. 1 Whether the appellants provided a reasonable explanation for the delay in filing the notice of appeal
  2. 2 Whether there are reasonable prospects of success on appeal

Ratio Decidendi

The appellants satisfied the requirement of providing a reasonable explanation for the delay, but failed to demonstrate reasonable prospects of success on appeal. The magistrate's findings were supported by the evidence and free from misdirection.

Court Disposition

application for condonation refused; appeal struck from the roll

Orders

  • Application for condonation by each of the appellants is refused
  • Appeal is struck from the roll