Ude v S (CA 12 of 2012) [2013] NAHCMD 149 (7 June 2013)

Ude v S (CA 12 of 2012) [2013] NAHCMD 149 (7 June 2013)

The magistrate exercised his discretion judicially in sentencing the appellant, considering all relevant factors, and the sentence imposed was not startlingly inappropriate given the seriousness of the crime and the appellant's conduct.

Source-derived case information.

Citation
[2013] NAHCMD 149
Parties
Appellant: Ken Inem Ude; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
7 June 2013
Case Number
CA 12 of 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Drug Offences, Sentencing, Appeals, Trap Evidence
Source Language
english
Criminal Law Drug Offences Sentencing Appeals Trap Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ken Inem Ude

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed for dealing in cocaine was appropriate and judicially exercised
  2. 2 Whether the magistrate failed to consider relevant personal circumstances and the nature of the trap situation

Ratio Decidendi

The magistrate exercised his discretion judicially in sentencing the appellant, considering all relevant factors, and the sentence imposed was not startlingly inappropriate given the seriousness of the crime and the appellant's conduct.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.