Kohler v S (Leave to Appeal) (CC 21 of 2016) [2020] NAHCMD 96 (16 March 2020)

Kohler v S (Leave to Appeal) (CC 21 of 2016) [2020] NAHCMD 96 (16 March 2020)

The applicant failed to provide a reasonable and acceptable explanation for the delay in filing the application for leave to appeal and did not address prospects of success on appeal. The sentence imposed was found to be proportionate to the amount embezzled and circumstances of the case. Therefore, the application for condonation was refused and the matter struck from the roll.

Citation
[2020] NAHCMD 96
Parties
Applicant: Peter Tyran Kohler; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
16 March 2020
Case Number
CC 21 of 2016
Procedural Posture
Criminal / Ruling on Application for Leave to Appeal and Condonation
Outcome
Condonation application refused; matter struck from the roll.
Legal Topics
Fraud, Sentencing, Condonation, Leave to Appeal
Source Language
English
Criminal Law Fraud Sentencing Condonation Leave to Appeal

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Parties

Peter Tyran Kohler

Applicant

The State

Respondent

Procedural Posture

Criminal / Ruling on Application for Leave to Appeal and Condonation

Legal Issues

  1. 1 Whether the applicant provided a reasonable and acceptable explanation for the late filing of the application for leave to appeal
  2. 2 Whether the applicant has prospects of success on appeal against sentence

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for the delay in filing the application for leave to appeal and did not address prospects of success on appeal. The sentence imposed was found to be proportionate to the amount embezzled and circumstances of the case. Therefore, the application for condonation was refused and the matter struck from the roll.

Court Disposition

Condonation application refused; matter struck from the roll.

Orders

  • The condonation application is refused.
  • The matter is struck from the roll.