Likando v S (CA 70 of 2016) [2016] NAHCMD 379 (2 December 2016)

Likando v S (CA 70 of 2016) [2016] NAHCMD 379 (2 December 2016)

The trial court was entitled to convict on the evidence of a single credible witness; no adverse inference was warranted from the State's failure to call witnesses not present during the offence; the delay in reporting was reasonably explained; and the custodial sentence imposed was appropriate given the aggravating circumstances and established sentencing norms for corruption by police officers.

Citation
[2016] NAHCMD 379
Parties
Appellant: Samuel Samwele Likando; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
2 December 2016
Case Number
CA 70 of 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Appeal Against Conviction, Appeal Against Sentence, Credibility of Single Witness, Failure to Call Witnesses, Sentencing Discretion, Corruption by Police Officers
Source Language
English
Criminal Law Anti Corruption Law Appeal Against Conviction Appeal Against Sentence Credibility of Single Witness Failure to Call Witnesses Sentencing Discretion Corruption by Police Officers

Case Brief

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Parties

Samuel Samwele Likando

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in convicting on the evidence of a single witness
  2. 2 Whether the trial court should have drawn an adverse inference from the State's failure to call certain witnesses
  3. 3 Whether the delay in reporting the incident affected credibility

Ratio Decidendi

The trial court was entitled to convict on the evidence of a single credible witness; no adverse inference was warranted from the State's failure to call witnesses not present during the offence; the delay in reporting was reasonably explained; and the custodial sentence imposed was appropriate given the aggravating circumstances and established sentencing norms for corruption by police officers.

Court Disposition

appeal dismissed

Orders

  • appeal against conviction and sentence dismissed
  • bail deposit to be refunded to the depositor