S v Narib (1) (SA 5 of 2003) [2003] NASC 17 (13 November 2003)

S v Narib (1) (SA 5 of 2003) [2003] NASC 17 (13 November 2003)

The application for new evidence was rejected as the alleged letter was unsigned, denied by the purported author, and appeared to be a fabrication. The requirements of section 316(3) of the Criminal Procedure Act were not met. However, leave to appeal against conviction was granted as there were arguable grounds and reasonable prospects of success, but not against sentence.

Citation
[2003] NASC 17
Parties
Appellant: John Narib; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
13 November 2003
Case Number
SA 5 of 2003
Procedural Posture
Criminal Appeal / Application for Leave to Adduce New Evidence and for Leave to Appeal Against Conviction and Sentence
Outcome
Application for new evidence refused; leave to appeal against conviction granted; appeal against sentence refused.
Legal Topics
Murder, Robbery With Aggravating Circumstances, Adducing New Evidence on Appeal, Leave to Appeal
Source Language
English
Criminal Law Murder Robbery With Aggravating Circumstances Adducing New Evidence on Appeal Leave to Appeal

Case Brief

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Parties

John Narib

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Adduce New Evidence and for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant should be permitted to reopen the case to adduce new evidence
  2. 2 Whether leave to appeal against conviction and sentence should be granted notwithstanding refusal to allow new evidence

Ratio Decidendi

The application for new evidence was rejected as the alleged letter was unsigned, denied by the purported author, and appeared to be a fabrication. The requirements of section 316(3) of the Criminal Procedure Act were not met. However, leave to appeal against conviction was granted as there were arguable grounds and reasonable prospects of success, but not against sentence.

Court Disposition

Application for new evidence refused; leave to appeal against conviction granted; appeal against sentence refused.

Orders

  • The appeal against the refusal to reopen the case and to lead new evidence is rejected.
  • Leave is granted to appeal against the conviction.