S v Shipanga and Another (5) (CC 2 of 2009) [2011] NAHC 174 (20 June 2011)

S v Shipanga and Another (5) (CC 2 of 2009) [2011] NAHC 174 (20 June 2011)

There are no reasonable prospects of success that the Supreme Court will come to a different conclusion regarding conviction and sentence; the trial court did not misdirect itself on facts or law.

Citation
[2011] NAHC 174
Parties
Applicant: Fanuel Festus Shipanga; Applicant: Paulus Kamati; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
20 June 2011
Case Number
CC 2 of 2009
Procedural Posture
Criminal / Application for Leave to Appeal
Outcome
application for leave to appeal dismissed
Legal Topics
Murder, Robbery With Aggravating Circumstances, Kidnapping, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Leave to Appeal
Source Language
English
Criminal Law Murder Robbery With Aggravating Circumstances Kidnapping Unlawful Possession of Firearms Unlawful Possession of Ammunition Leave to Appeal

Case Brief

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Parties

Fanuel Festus Shipanga

Applicant

Paulus Kamati

Applicant

The State

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicants have reasonable prospects of success on appeal against conviction and sentence
  2. 2 Whether the trial court misdirected itself on facts or law in convicting and sentencing the applicants

Ratio Decidendi

There are no reasonable prospects of success that the Supreme Court will come to a different conclusion regarding conviction and sentence; the trial court did not misdirect itself on facts or law.

Court Disposition

application for leave to appeal dismissed

Orders

  • Applicants’ application for leave to appeal against conviction and sentence is dismissed.