Haneb and Another v S (HC-MD-CRIMINALI-APP-CAL 9 of 2017) [2018] NAHCMD 125 (11 May 2018)

Haneb and Another v S (HC-MD-CRIMINALI-APP-CAL 9 of 2017) [2018] NAHCMD 125 (11 May 2018)

The mandatory 20-year sentence was unconstitutional; appellants had served 8 years for theft of stock worth N$1000, which was excessive. Condonation was granted due to prospects of success, and a fresh sentence of 8 years, already served, was imposed.

Citation
[2018] NAHCMD 125
Parties
1st Appellant: Johannes Haneb; 2nd Appellant: Richard Useb; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
11 May 2018
Case Number
HC-MD-CRIMINALI-APP-CAL 9 of 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal and Resentencing
Outcome
Appeal against sentence allowed; appellants resentenced and released.
Legal Topics
Appeal, Condonation, Sentencing, Unconstitutionality of Mandatory Minimum Sentences, Stock Theft
Source Language
English
Criminal Law Appeal Condonation Sentencing Unconstitutionality of Mandatory Minimum Sentences Stock Theft

Case Brief

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Parties

Johannes Haneb

1st Appellant

Richard Useb

2nd Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal and Resentencing

Legal Issues

  1. 1 Whether condonation for late filing of notice of appeal should be granted
  2. 2 Whether the sentence imposed by the Regional Court was lawful in light of the unconstitutionality of the mandatory minimum sentence
  3. 3 What sentence is appropriate given the circumstances

Ratio Decidendi

The mandatory 20-year sentence was unconstitutional; appellants had served 8 years for theft of stock worth N$1000, which was excessive. Condonation was granted due to prospects of success, and a fresh sentence of 8 years, already served, was imposed.

Court Disposition

Appeal against sentence allowed; appellants resentenced and released.

Orders

  • Condonation for late filing of notice of appeal granted for both appellants.
  • Appeal against sentence succeeds for both appellants.