Kaxuxwena v S (Appeal Judgement) (CA 20 of 2016) [2016] NAHCNLD 87 (23 November 2016)

Kaxuxwena v S (Appeal Judgement) (CA 20 of 2016) [2016] NAHCNLD 87 (23 November 2016)

The sentences imposed by the trial court were not shockingly inappropriate, oppressive, or manifestly excessive. The crimes were not related to the same place and were committed months apart. There was no irregularity or misdirection in the exercise of sentencing discretion, and there are no prospects of success on appeal.

Citation
[2016] NAHCNLD 87
Parties
Appellant: Kondjashili Kaxuxwena; Respondent: The State
Court
Northern Local Division
Jurisdiction
Namibia
Judgment Date
23 November 2016
Case Number
CA 20 of 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Appeal Against Sentence, Concurrent Sentences, Judicial Discretion in Sentencing, Housebreaking With Intent to Steal and Theft
Source Language
English
Criminal Law Criminal Procedure Appeal Against Sentence Concurrent Sentences Judicial Discretion in Sentencing Housebreaking With Intent to Steal and Theft

Case Brief

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Parties

Kondjashili Kaxuxwena

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred by not ordering sentences to run concurrently
  2. 2 Whether the cumulative sentence was manifestly excessive or shockingly inappropriate
  3. 3 Whether there were prospects of success on appeal

Ratio Decidendi

The sentences imposed by the trial court were not shockingly inappropriate, oppressive, or manifestly excessive. The crimes were not related to the same place and were committed months apart. There was no irregularity or misdirection in the exercise of sentencing discretion, and there are no prospects of success on appeal.

Court Disposition

appeal dismissed

Orders

  • Application for condonation is refused
  • The appeal is struck off the roll