S v Pfeifer (CA 192 of 2008) [2011] NAHC 327 (2 November 2011)

S v Pfeifer (CA 192 of 2008) [2011] NAHC 327 (2 November 2011)

The court a quo erred by overemphasizing deterrence, failing to properly consider the appellant's offer to compensate, and relying on untested submissions from the Bar. There are reasonable prospects of success on appeal against sentence, and the refusal to admit the appellant to bail was wrong.

Citation
[2011] NAHC 327
Parties
Appellant: Hella Pfeifer; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
2 November 2011
Case Number
CA 192 of 2008
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal
Outcome
Appeal upheld; bail granted
Legal Topics
Bail Pending Appeal, Theft by Employee, Sentencing Principles, Compensation Orders
Source Language
English
Criminal Law Criminal Procedure Bail Pending Appeal Theft by Employee Sentencing Principles Compensation Orders

Case Brief

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Parties

Hella Pfeifer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail Pending Appeal

Legal Issues

  1. 1 Whether the magistrate erred in refusing bail pending appeal on the basis of no reasonable prospects of success
  2. 2 Whether the appellant's offer to compensate the complainant was properly considered in sentencing
  3. 3 Whether the court a quo misapplied the principles of deterrent sentencing

Ratio Decidendi

The court a quo erred by overemphasizing deterrence, failing to properly consider the appellant's offer to compensate, and relying on untested submissions from the Bar. There are reasonable prospects of success on appeal against sentence, and the refusal to admit the appellant to bail was wrong.

Court Disposition

Appeal upheld; bail granted

Orders

  • Appellant admitted to bail in the amount of N$5,000.00 with conditions: not to leave Okahandja district without police consent, inform police of employment and address changes, surrender passport/travel documents, not to apply for new travel documents until finalization of appeal.