Nekundi v The State (HC-NLD-CRIMINALI-APP-CAL- 2019 of 57) [2020] NAHCNLD 29 (20 February 2020)
The order suspending the appellant’s driving licence was incompetent because the offence of failing to wear a safety seat belt does not relate to the manner of driving a motor vehicle as required by section 50 of Act 22 of 1999. The sentence imposed was not irregular or excessively harsh.
- Citation
- [2020] NAHCNLD 29
- Parties
- Appellant: Mateus Nekundi; Respondent: The State
- Court
- Northern Local Division
- Jurisdiction
- Namibia
- Judgment Date
- 20 February 2020
- Case Number
- HC-NLD-CRIMINALI-APP-CAL- 2019 of 57
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal partially succeeds
- Legal Topics
- Suspension of Driving Licence, Traffic Offences, Sentencing, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mateus Nekundi
Appellant
The State
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether suspension of driving licence is competent for offence of failing to wear a safety seat belt
- 2 Whether the sentence imposed was irregular or excessively harsh
Ratio Decidendi
The order suspending the appellant’s driving licence was incompetent because the offence of failing to wear a safety seat belt does not relate to the manner of driving a motor vehicle as required by section 50 of Act 22 of 1999. The sentence imposed was not irregular or excessively harsh.
Court Disposition
appeal partially succeeds
Orders
- The conviction and sentence are confirmed.
- The order suspending the appellant’s driving licence is set aside.
Full Case Text
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