S v Rooi (1) (Appeal Judgment) (SA 17 of 2003) [2004] NASC 1 (1 April 2004)

S v Rooi (1) (Appeal Judgment) (SA 17 of 2003) [2004] NASC 1 (1 April 2004)

The Supreme Court cannot entertain an appeal against sentence where no prior leave to appeal was applied for and considered by the High Court; any order granting such leave is a nullity.

Citation
[2004] NASC 1
Parties
Appellant: Dawid Rooi; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
1 April 2004
Case Number
SA 17 of 2003
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal struck from the roll
Legal Topics
Appeals, Leave to Appeal, Jurisdiction
Source Language
English
Criminal Law Procedure Appeals Leave to Appeal Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Dawid Rooi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the Supreme Court can entertain an appeal against sentence without prior leave from the High Court

Ratio Decidendi

The Supreme Court cannot entertain an appeal against sentence where no prior leave to appeal was applied for and considered by the High Court; any order granting such leave is a nullity.

Court Disposition

appeal struck from the roll

Orders

  • appeal is struck from the roll