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REPUBLIC OF NAMIBIA
“ANNEXURE 11”
Practice Direction 61
IN THE HIGH COURT OF NAMIBIA
Case Title: The State v Hans Immanuel Jaartze | Case No: HC-MD-CRI-APP-SLA-2024/00020 | |
Division of Court: High Court (Main Division) | ||
Heard Before: Honourable Justice Claasen | Date of hearing: 14 February 2025 | |
Delivered on: 14 February 2025 | ||
Neutral citation: S v Jaartze (HC-MD-CRI-APP-SLA-2024/00020) [2025] NAHCMD 45 (14 February 2025) | ||
The order: In chambers: IT IS ORDERED THAT: The State is granted leave to appeal against the sentence. | ||
Reasons for the above order: | ||
[1] The State seeks leave to appeal against the sentence imposed in the Regional Court of Keetmanshoop on 24 January 2024, following a conviction on a charge of murder. [2] The court is satisfied that the matter was properly noted and duly served on the appellant. The notice of enrolment duly informed the respondent to indicate his position on legal representation and to file a written submission, if he is so inclined, within 10 days after the date on which the notice was served. To date, nothing has been uploaded or filed by the respondent. As such this court proceeded to consider the matter on the papers that were placed before the court. [3] The court a quo imposed the following sentence: ‘Ten years’ imprisonment, of which 3 years’ imprisonment is suspended for a period of three years on condition that the accused is not convicted of murder and /or culpable homicide committed within the period of suspension.’ [4] Having read the papers and considering comparable sentences for the offence of murder, I am of the view that there is a reasonable prospect that the court of appeal may interfere with the sentence imposed. [5] The appellant is granted leave to appeal against the sentence. | ||
Judge’s signature: | Note to the parties: | |
See Annexure “11” of PDs. | ||
Counsel: | ||
Applicant | Respondent | |
E Ndlovu of Office of the Prosecutor-General, Windhoek | In person | |