S v Miguel and Others (CA 11 of 2016) [2016] NAHCMD 175 (20 June 2016)

S v Miguel and Others (CA 11 of 2016) [2016] NAHCMD 175 (20 June 2016)

The magistrate did not rely on s 61 of the Criminal Procedure Act but found appellants to be a flight risk based on their conduct, lack of ties to Namibia, and the porous border. The irregularity of relying on a document not in evidence was not fundamental and did not taint the decision. The appeal was dismissed as the magistrate exercised her discretion properly.

Citation
[2016] NAHCMD 175
Parties
First Appellant: Feliuano Abilio Jano Miguel; Second Appellant: Francisco Sossingo; Third Appellant: Joaquim Antonio; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
20 June 2016
Case Number
CA 11 of 2016
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Bail
Outcome
appeal dismissed
Legal Topics
Bail, Flight Risk, Jurisdiction, Irregularity, Public Interest, Administration of Justice
Source Language
English
Criminal Law Criminal Procedure Bail Flight Risk Jurisdiction Irregularity Public Interest Administration of Justice

Case Brief

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Parties

Feliuano Abilio Jano Miguel

First Appellant

Francisco Sossingo

Second Appellant

Joaquim Antonio

Third Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Bail

Legal Issues

  1. 1 Whether the magistrate erred in finding appellants to be a flight risk
  2. 2 Whether the magistrate misdirected herself by relying on s 61 of the Criminal Procedure Act
  3. 3 Whether the court had jurisdiction to deal with the offences under POCA

Ratio Decidendi

The magistrate did not rely on s 61 of the Criminal Procedure Act but found appellants to be a flight risk based on their conduct, lack of ties to Namibia, and the porous border. The irregularity of relying on a document not in evidence was not fundamental and did not taint the decision. The appeal was dismissed as the magistrate exercised her discretion properly.

Court Disposition

appeal dismissed

Orders

  • Condonation granted for late filing of amended notice of appeal
  • Appeal dismissed