S v Huseb (CRIMINAL 95 of 2011) [2011] NAHC 316 (21 October 2011)
An appeal against a declaration of constitutional invalidity of legislation does not suspend the operation of the declaration unless the court making the order so directs. The sentence imposed by the magistrate was valid because the impugned provisions of the Stock Theft Act remained invalid despite the pending appeal.
- Citation
- [2011] NAHC 316
- Parties
- Prosecutor: The State; Accused: Ismael Huseb
- Court
- High Court
- Jurisdiction
- Namibia
- Judgment Date
- 21 October 2011
- Case Number
- CRIMINAL 95 of 2011
- Procedural Posture
- Criminal Review / Review Judgment
- Outcome
- sentence confirmed
- Legal Topics
- Stock Theft, Mandatory Minimum Sentences, Constitutional Invalidity, Suspension of Judgment Pending Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
The State
Prosecutor
Ismael Huseb
Accused
Procedural Posture
Criminal Review / Review Judgment
Legal Issues
- 1 Whether the noting of an appeal against a declaration of constitutional invalidity suspends the operation of the judgment
- 2 Whether the sentence imposed by the magistrate was valid in light of the pending appeal
Ratio Decidendi
An appeal against a declaration of constitutional invalidity of legislation does not suspend the operation of the declaration unless the court making the order so directs. The sentence imposed by the magistrate was valid because the impugned provisions of the Stock Theft Act remained invalid despite the pending appeal.
Court Disposition
sentence confirmed
Orders
- The sentence imposed by the Magistrate is valid and competent.
Full Case Text
Judgment text and source record
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