S v Uusiku (4) (CC 9 of 2019) [2021] NAHCNLD 51 (3 June 2021)

S v Uusiku (4) (CC 9 of 2019) [2021] NAHCNLD 51 (3 June 2021)

The application for condonation was refused because the applicant failed to provide a reasonable explanation for the delay and did not demonstrate reasonable prospects of success on appeal. The leave to appeal was therefore struck off.

Citation
[2021] NAHCNLD 51
Parties
Applicant: Fillipus Uusiku; Respondent: The State
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
3 June 2021
Case Number
CC 9 of 2019
Procedural Posture
Criminal / Leave to Appeal Application
Outcome
leave to appeal struck off, application for condonation refused
Legal Topics
Leave to Appeal, Condonation, Sentencing, Domestic Violence
Source Language
English
Criminal Law Leave to Appeal Condonation Sentencing Domestic Violence

Case Brief

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Parties

Fillipus Uusiku

Applicant

The State

Respondent

Procedural Posture

Criminal / Leave to Appeal Application

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the prescribed time limit
  2. 2 Whether condonation for late filing should be granted
  3. 3 Whether the applicant demonstrated reasonable prospects of success on appeal

Ratio Decidendi

The application for condonation was refused because the applicant failed to provide a reasonable explanation for the delay and did not demonstrate reasonable prospects of success on appeal. The leave to appeal was therefore struck off.

Court Disposition

leave to appeal struck off, application for condonation refused

Orders

  • The point in limine is upheld.
  • The application for condonation is refused.