S v Jason and Another (1) (SA 15 of 2007) [2008] NASC 8 (14 July 2008)

S v Jason and Another (1) (SA 15 of 2007) [2008] NASC 8 (14 July 2008)

The trial court misdirected itself in sentencing the first appellant by relying on inadmissible hearsay and imposing an exemplary sentence not supported by precedent. The sentence for the first appellant as accessory after the fact to murder is reduced to nine years and for possession of a firearm to one year. The sentences for the second appellant are upheld as there was no misdirection or grounds for interference.

Citation
[2008] NASC 8
Parties
First Appellant: Martin Jason; Second Appellant: Anton Venasi; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
14 July 2008
Case Number
SA 15 of 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal of first appellant partly allowed; appeal of second appellant dismissed
Legal Topics
Murder, Robbery, Housebreaking, Accessory After the Fact, Sentencing, Firearm Offences, Driving Offences
Source Language
English
Criminal Law Murder Robbery Housebreaking Accessory After the Fact Sentencing Firearm Offences Driving Offences

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Jason

First Appellant

Anton Venasi

Second Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants were appropriate and justified in law
  2. 2 Whether the trial court misdirected itself in sentencing the first appellant as an accessory after the fact to murder and possession of a firearm without a licence
  3. 3 Whether the appeal court should interfere with the sentences imposed

Ratio Decidendi

The trial court misdirected itself in sentencing the first appellant by relying on inadmissible hearsay and imposing an exemplary sentence not supported by precedent. The sentence for the first appellant as accessory after the fact to murder is reduced to nine years and for possession of a firearm to one year. The sentences for the second appellant are upheld as there was no misdirection or grounds for interference.

Court Disposition

appeal of first appellant partly allowed; appeal of second appellant dismissed

Orders

  • First appellant: sentence of 13 years for accessory after the fact to murder set aside and replaced with 9 years; sentence of 2 years for accessory after the fact to possession of a firearm set aside and replaced with 1 year; sentences for counts 2 and 3 (8 years each) to run concurrently with count 1; sentences...
  • Second appellant: appeal dismissed; sentences as imposed by trial court stand.