Ndukireepo v S (HC-MD-CRI-APP-CAL 80 of 2021) [2022] NAHCMD 607 (7 November 2022)

Ndukireepo v S (HC-MD-CRI-APP-CAL 80 of 2021) [2022] NAHCMD 607 (7 November 2022)

The applicant failed to provide a reasonable explanation for the delay and did not demonstrate reasonable prospects of success on appeal. The court was not convinced that another court would come to a different conclusion regarding the applicant's guilt.

Citation
[2022] NAHCMD 607
Parties
Applicant: Khamastar Ndukireepo; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
7 November 2022
Case Number
HC-MD-CRI-APP-CAL 80 of 2021
Procedural Posture
Criminal Appeal / Application for Leave to Appeal After Dismissal of Initial Appeal
Outcome
application for condonation refused; matter struck from the roll
Legal Topics
Condonation, Leave to Appeal, Murder, Self Defence, Putative Private Defence, Prospects of Success
Source Language
English
Criminal Law Criminal Procedure Condonation Leave to Appeal Murder Self Defence Putative Private Defence Prospects of Success

Case Brief

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Parties

Khamastar Ndukireepo

Applicant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal After Dismissal of Initial Appeal

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for late filing of the application for leave to appeal
  2. 2 Whether the applicant demonstrated prospects of success on appeal

Ratio Decidendi

The applicant failed to provide a reasonable explanation for the delay and did not demonstrate reasonable prospects of success on appeal. The court was not convinced that another court would come to a different conclusion regarding the applicant's guilt.

Court Disposition

application for condonation refused; matter struck from the roll

Orders

  • The application for condonation is refused.
  • The matter is struck from the roll.