S v Noabeb (CC 9/2014) [2023] NAHCMD 303 (7 June 2023)


REPUBLIC OF NAMIBIA


IN THE HIGH COURT OF NAMIBIA, MAIN DIVISION

HELD AT WINDHOEK



EX TEMPORE LEAVE TO APPEAL JUDGMENT



Case Title:


Charles Noabeb Applicant


v


The State Respondent

Case No: CC 9/2014

Division of Court: High Court, Main Division

Heard before:


Honourable Justice D Usiku


Heard on: 7 June 2023


Delivered on: 7 June 2023


Neutral citation: Noabeb v S (CC 9/2014) [2023] NAHCMD 303 (7 June 2023)



ORDER:



[1] The application for leave to appeal partially succeeds.


  1. Judgment is delivered ex tempore.

  2. The application for leave to appeal in respect of the conviction is refused.

  3. The application for leave in respect of the sentences imposed is granted.



REASONS FOR ORDERS:



D Usiku J:


[2] The application has prospects of success in respect of the sentences imposed. The Supreme Court may impose a different sentence in the light of the Zedekia Geingob case.


[3] In the result, the following order is made:


1. Judgment is delivered ex tempore.

2. The application for leave to appeal in respect of the conviction is refused.

3. The application for leave in respect of the sentences imposed is granted.



Judge’s signature


Note to the parties:






Not applicable

Counsel:


Applicant


Respondent

Mr C. Noabeb- in person


Windhoek Correctional Facility



Mr E Moyo


Office of the Prosecutor General- Windhoek



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