REPUBLIC OF NAMIBIA
IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI
APPEAL JUDGMENT
Case Title: Teofelus Paulus Nghilifavali v The State | Case No: HC-NLD-CRI-APP-CAL-2020/00017 | |
Division of Court: Northern Local Division | ||
Heard before: Honourable Mr. Justice January J et Honourable Ms. Justice Salionga J | Head: 25 June 2020 Delivered on: 06 August 2020 | |
Neutral citation: Nghilifavali v S (HC-NLD-CRI-APP-CAL-2020/00017) [2020] NAHCNLD 103 (6 August 2020) | ||
The order:
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Reasons for order: | ||
January J (Salionga J) concurring: [1] The appeal is against sentence. [2] The appellant is representing himself and the respondent is represented by Mr Gaweseb. [3] The appellant pleaded guilty to a charge of malicious damage of property, an aluminium window worth N$5500. He was sentenced to 24 months imprisonment. [4] The applicant raised no ground of appeal but only prays for a fine to be imposed. [5] He stated in this court that there is no misdirection by the magistrate. [6] Mr Gaweseb submitted that there is no misdirection by the magistrate. That the offence is serious and that the appeal should be dismissed. [7] I could not find any misdirection and the sentence is not shocking or inappropriate. [8] In the result: 1. The appeal is dismissed. | ||
Judge(s) signature | Note to Parties; | |
January J | None | |
Salionga J | None | |
Counsel: | ||
Appellant | Respondent | |
Mr T P Nghilifavali Oluno Correctional Facility, Ondangwa | Mr T Gaweseb Office of the Prosecutor-General, Oshakati | |