Peter v S [2020] NAHCMD 241 (1 June 2020)

Peter v S [2020] NAHCMD 241 (1 June 2020)

The High Court lacks jurisdiction to entertain a second application for leave to appeal and condonation after refusal of the first application; the applicant's remedy lies in petitioning the Supreme Court under Section 316(6) of the Criminal Procedure Act 51 of 1977.

Citation
[2020] NAHCMD 241
Parties
Applicant: Willem Peter; Respondent: The State; Amicus Curiae: Advocate Esi Schimming-Chase SC
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 June 2020
Procedural Posture
Criminal / Application for Leave to Appeal and Condonation for Late Filing
Outcome
Application struck from the roll
Legal Topics
Leave to Appeal, Condonation, Stock Theft, Unconstitutional Sentencing, Jurisdiction
Source Language
English
Criminal Law Appellate Procedure Leave to Appeal Condonation Stock Theft Unconstitutional Sentencing Jurisdiction

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Parties

Willem Peter

Applicant

The State

Respondent

Advocate Esi Schimming-Chase SC

Amicus Curiae

Procedural Posture

Criminal / Application for Leave to Appeal and Condonation for Late Filing

Legal Issues

  1. 1 Whether the High Court can entertain a second application for leave to appeal and condonation after refusal of the first application
  2. 2 Whether the applicant should approach the Supreme Court by petition under Section 316(6) of the Criminal Procedure Act 51 of 1977

Ratio Decidendi

The High Court lacks jurisdiction to entertain a second application for leave to appeal and condonation after refusal of the first application; the applicant's remedy lies in petitioning the Supreme Court under Section 316(6) of the Criminal Procedure Act 51 of 1977.

Court Disposition

Application struck from the roll

Orders

  • The matter is struck from the roll.
  • The matter is considered finalized.