IN THE HIGH COURT OF NAMIBIA (TO THE SUPREME COURTOF NAMIBIA)
Case Title: S v Miguel | Case No.: CA 57/ 2017 Neutral citation: S v Miguel (CA 57/2017) (2018] NAHCMD 16 (6 February 2018) |
Division of Court: High Court Main Division | |
Before: SHIVUTE J | Date of Hearing: 29 January 2018 Date of Ruling: 6 February 2018 |
Result on merits (attach order): | |
APPLICATIONFOR LEAVE TO APPEALBY THE STATE IN TERMS OF S 310 (1) READ WITHS 310 (2) OF THE CRIMINAL PROCEDURE ACT 51 OF 1977. ORDER: Having read the record in chambers the following order is made:
REASONS FOR DECISIONTO BE COMPLETEDBY THE JUDGE: In terms of PD 61 of the practice directions which came in effect on 1 January 2017, the following are reasons for the ruling.
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the respondents and against the order of the magistrates' refusal to forfeit the money to the State. The money in issue is proceeds of unlawful activities and another Court may have a different view.
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Judge's signature: | Note to the parties: |
N.N. Shivute: | The reason(s) hereby provided should be lodged other with any Petition made to the Chief Justice of the Supreme Court. |
CASE NO.: CA 57/2017
IN THE HIGH COURT OF NAMIBIA
WINDHOEK, 6 FEBRUARY 2018
BEFORE THE HONOURABLE MRS JUSTICE SHIVUTE
In the matter between:
THE STATE APPLICANT
versus
FELICIANOABILIO JANO MIGUEL FRANCISCO SODDINGO JOAQUIM ANTONIO
FIRST RESPONDENT SECOND RESPONDENT THIRD RESPONDENT
Having read Mr. Lisulo, counsel for the appellant and Mr. Namandje, counsel for the respondent heads of argument in Chambers.
IT IS ORDERED
The application for leave to appeal in respect of count 1 is refused.
The application for leave to appeal against sentence in respect of the second alternative to count 2 is granted.
The application for leave to appeal against the N$2 0200 00 to be returned to the respondents and a refusal to order the forfeiture of the money is granted.
. The application for leave to appeal against the return of the motor vehicle to the purported lawful owner is granted.
BY ORDER OF THE COURT
REGISTRAR
/vs
TO: Mr Lisulo (Prosecutor-General) Sisa Namandje & Co. Inc'