Maiba v S (CA 52 of 2017) [2017] NAHCMD 359 (29 December 2017)

Maiba v S (CA 52 of 2017) [2017] NAHCMD 359 (29 December 2017)

The appellant failed to provide a reasonable or satisfactory explanation for the late filing of the notice of appeal, and there were no prospects of success on appeal as the sentence imposed was appropriate given the circumstances. Condonation was therefore refused and the appeal struck from the roll.

Citation
[2017] NAHCMD 359
Parties
Appellant: Maiba Kolela Jonathan; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
29 December 2017
Case Number
CA 52 of 2017
Procedural Posture
Criminal Appeal / Application for Condonation of Late Notice of Appeal
Outcome
application for condonation dismissed; appeal struck from the roll
Legal Topics
Condonation, Late Filing, Notice of Appeal, Sentencing, Rape, Minor Offender
Source Language
English
Criminal Law Criminal Procedure Condonation Late Filing Notice of Appeal Sentencing Rape Minor Offender

Case Brief

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Parties

Maiba Kolela Jonathan

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Condonation of Late Notice of Appeal

Legal Issues

  1. 1 Whether condonation for the late filing of the notice of appeal should be granted
  2. 2 Whether the sentence imposed was shockingly inappropriate or induced a sense of shock

Ratio Decidendi

The appellant failed to provide a reasonable or satisfactory explanation for the late filing of the notice of appeal, and there were no prospects of success on appeal as the sentence imposed was appropriate given the circumstances. Condonation was therefore refused and the appeal struck from the roll.

Court Disposition

application for condonation dismissed; appeal struck from the roll

Orders

  • The application for the late filing of the notice of appeal is refused.
  • The application for condonation is dismissed.