S v Gustavo (CC 6 of 2021; CC 7 of 2021) [2022] NAHCMD 259 (24 May 2022)

S v Gustavo (CC 6 of 2021; CC 7 of 2021) [2022] NAHCMD 259 (24 May 2022)

There is no reasonable prospect that the Supreme Court will reach a different conclusion or find that the Court exercised its discretion wrongly in granting bail; therefore, leave to appeal is refused.

Citation
[2022] NAHCMD 259
Parties
Applicant: The State; Respondent: Ricardo Jorge Gustavo
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
24 May 2022
Case Number
CC 6 of 2021 ; CC 7 of 2021
Procedural Posture
Criminal / Application for Leave to Appeal
Outcome
application for leave to appeal refused
Legal Topics
Bail, Leave to Appeal, Judicial Discretion
Source Language
English
Criminal Law Bail Leave to Appeal Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Ricardo Jorge Gustavo

Respondent

Procedural Posture

Criminal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the State has reasonable prospects of success on appeal against the grant of bail
  2. 2 Whether the Court exercised its discretion properly in granting bail

Ratio Decidendi

There is no reasonable prospect that the Supreme Court will reach a different conclusion or find that the Court exercised its discretion wrongly in granting bail; therefore, leave to appeal is refused.

Court Disposition

application for leave to appeal refused

Orders

  • The State's application for leave to appeal to the Supreme Court is refused.
  • The matter is finalised and removed from the roll.