S v Ganeb (4) (Application for leave to appeal) (CA 28 of 2008) [2011] NAHC 277 (16 September 2011)

S v Ganeb (4) (Application for leave to appeal) (CA 28 of 2008) [2011] NAHC 277 (16 September 2011)

The application for leave to appeal was filed grossly out of time without a valid condonation application or satisfactory explanation. There are no reasonable prospects of success on appeal. The application is dismissed.

Citation
[2011] NAHC 277
Parties
Applicant/appellant: Simon Petrus Ganeb; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
16 September 2011
Case Number
CA 28 of 2008
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
application dismissed
Legal Topics
Leave to Appeal, Condonation, Late Filing, Theft, Sentence
Source Language
English
Criminal Law Leave to Appeal Condonation Late Filing Theft Sentence

Case Brief

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Parties

Simon Petrus Ganeb

Applicant/appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was filed within the statutory period
  2. 2 Whether condonation for late filing was properly sought and explained
  3. 3 Whether there are reasonable prospects of success on appeal

Ratio Decidendi

The application for leave to appeal was filed grossly out of time without a valid condonation application or satisfactory explanation. There are no reasonable prospects of success on appeal. The application is dismissed.

Court Disposition

application dismissed

Orders

  • The application for leave to appeal is dismissed.