S v Marubella (CA 24 of 1997) [1997] NAHC 7 (2 May 1997)

S v Marubella (CA 24 of 1997) [1997] NAHC 7 (2 May 1997)

Given the accused's extensive record of violent crimes, a wholly suspended sentence for resisting arrest is so lenient that there are good prospects of a more severe sentence on appeal; the late filing is condoned as the delay was not attributable to the Prosecutor-General.

Citation
[1997] NAHC 7
Parties
Applicant: The State; Respondent: Petrus Marubella
Court
High Court
Jurisdiction
Namibia
Judgment Date
2 May 1997
Case Number
CA 24 of 1997
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
leave to appeal granted
Legal Topics
Sentencing, Appeals, Condonation of Late Filing
Source Language
English
Criminal Law Sentencing Appeals Condonation of Late Filing

Case Brief

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Parties

The State

Applicant

Petrus Marubella

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal against a suspended sentence should be granted to the State
  2. 2 Whether late filing of the application for leave to appeal should be condoned

Ratio Decidendi

Given the accused's extensive record of violent crimes, a wholly suspended sentence for resisting arrest is so lenient that there are good prospects of a more severe sentence on appeal; the late filing is condoned as the delay was not attributable to the Prosecutor-General.

Court Disposition

leave to appeal granted

Orders

  • Late filing of the application for leave to appeal is condoned.
  • State is granted leave to appeal against the sentence imposed by the Magistrate.