S v Nowaseb (2) (CA 51 of 2005) [2007] NAHC 85 (23 October 2007)

S v Nowaseb (2) (CA 51 of 2005) [2007] NAHC 85 (23 October 2007)

The applicant failed to demonstrate a reasonable prospect that the Supreme Court may take a different view regarding his guilt or the sentence imposed; alleged irregularities did not amount to a failure of justice.

Citation
[2007] NAHC 85
Parties
Applicant: Lasarus Tutu Nowaseb; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
23 October 2007
Case Number
CA 51 of 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Appeal Procedure, Judicial Reasoning
Source Language
English
Criminal Law Criminal Procedure Leave to Appeal Reasonable Prospect of Success Appeal Procedure Judicial Reasoning

Case Brief

Summary, issues, holding and outcome

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Parties

Lasarus Tutu Nowaseb

Applicant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the applicant has shown a reasonable prospect of success on appeal
  2. 2 Whether alleged irregularities in the trial and appellate court judgments justify leave to appeal

Ratio Decidendi

The applicant failed to demonstrate a reasonable prospect that the Supreme Court may take a different view regarding his guilt or the sentence imposed; alleged irregularities did not amount to a failure of justice.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • Application for leave to appeal is dismissed.