Leonard v S (HC-NLD-CRIMINALI-APP-CAL 45 of 2018) [2018] NAHCNLD 106 (11 October 2018)

Leonard v S (HC-NLD-CRIMINALI-APP-CAL 45 of 2018) [2018] NAHCNLD 106 (11 October 2018)

The magistrate erred in convicting the appellant of contempt of court for failing to appear while on bail; the correct procedure was to forfeit bail under section 67 of the Criminal Procedure Act. The conviction and sentence were set aside and the matter remitted for proper enquiry.

Source-derived case information.

Citation
[2018] NAHCNLD 106
Parties
Appellant: Kakola Haita Leonard; Respondent: The State
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
11 October 2018
Case Number
HC-NLD-CRIMINALI-APP-CAL 45 of 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction and sentence set aside
Legal Topics
Bail Forfeiture, Contempt of Court, Failure to Appear, Remittal for Enquiry
Source Language
english
Criminal Law Criminal Procedure Bail Forfeiture Contempt of Court Failure to Appear Remittal for Enquiry

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kakola Haita Leonard

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether an accused on bail who fails to appear in court can be convicted of contempt of court
  2. 2 Whether the magistrate erred in convicting the appellant and forfeiting bail

Ratio Decidendi

The magistrate erred in convicting the appellant of contempt of court for failing to appear while on bail; the correct procedure was to forfeit bail under section 67 of the Criminal Procedure Act. The conviction and sentence were set aside and the matter remitted for proper enquiry.

Court Disposition

appeal allowed; conviction and sentence set aside

Orders

  • The conviction of contempt of court and the sentence of N$ 1000 or 6 months imprisonment are set aside with immediate effect.
  • If the fine had been paid, same should be refunded to the appellant.