S v Kennedy (2) (Application for leave to appeal) (CA 23 of 2016) [2016] NAHCMD 244 (30 August 2016)
No reasonable prospects of success have been shown for leave to appeal; the applicant faces fresh serious allegations of rape while already on bail for similar offences, and public interest justifies refusal of bail.
- Citation
- [2016] NAHCMD 244
- Parties
- Applicant: Jaco Kennedy; Respondent: The State
- Court
- High Court Main Division
- Jurisdiction
- Namibia
- Judgment Date
- 30 August 2016
- Case Number
- CA 23 of 2016
- Procedural Posture
- Criminal / Application for Leave to Appeal
- Outcome
- application dismissed
- Legal Topics
- Bail, Rape, Prospects of Success, Leave to Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jaco Kennedy
Applicant
The State
Respondent
Procedural Posture
Criminal / Application for Leave to Appeal
Legal Issues
- 1 Whether the applicant has reasonable prospects of success for leave to appeal against refusal of bail
- 2 Whether the Magistrate erred in refusing bail given fresh allegations of rape
- 3 Whether stare decisis applies to bail decisions in cases of repeated serious allegations
Ratio Decidendi
No reasonable prospects of success have been shown for leave to appeal; the applicant faces fresh serious allegations of rape while already on bail for similar offences, and public interest justifies refusal of bail.
Court Disposition
application dismissed
Orders
- The application for leave to appeal is dismissed.
Full Case Text
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