Umub v S (HC-MD-CRIMINALI-APP-CALL 28 of 2017) [2019] NAHCMD 18 (8 February 2019)

Umub v S (HC-MD-CRIMINALI-APP-CALL 28 of 2017) [2019] NAHCMD 18 (8 February 2019)

The explanation for the late filing of the amended notice of appeal is not reasonable or acceptable, and there are no prospects of success on appeal as the sentence imposed is not shockingly inappropriate given the seriousness of the offence, the quantity of drugs, and the appellant's previous conviction. No misdirection or irregularity was shown to warrant interference with the sentence.

Citation
[2019] NAHCMD 18
Parties
Appellant: Paul Umub; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
8 February 2019
Case Number
HC-MD-CRIMINALI-APP-CALL 28 of 2017
Procedural Posture
Criminal Appeal / Application for Condonation and Appeal Against Sentence
Outcome
application for condonation refused; appeal struck from the roll
Legal Topics
Possession of Dependence Producing Substances, Sentencing, Appeal Procedure, Condonation for Late Filing
Source Language
English
Criminal Law Criminal Procedure Possession of Dependence Producing Substances Sentencing Appeal Procedure Condonation for Late Filing

Case Brief

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Parties

Paul Umub

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Condonation and Appeal Against Sentence

Legal Issues

  1. 1 Whether the application for condonation for late filing of amended notice of appeal should be granted
  2. 2 Whether the sentence of 10 years' imprisonment for possession of cannabis was shockingly inappropriate and warranted appellate interference

Ratio Decidendi

The explanation for the late filing of the amended notice of appeal is not reasonable or acceptable, and there are no prospects of success on appeal as the sentence imposed is not shockingly inappropriate given the seriousness of the offence, the quantity of drugs, and the appellant's previous conviction. No misdirection or irregularity was shown to warrant interference with the sentence.

Court Disposition

application for condonation refused; appeal struck from the roll

Orders

  • Application for condonation for late noting of the appeal is refused as the explanation is not reasonable nor acceptable and there are no prospects of success on appeal.
  • The matter is struck from the roll.