APPLICATIONFOR LEAVE TO APPEALBY THE STATE IN TERMS OF S 310 (1) READ WITHS 310 (2) OF THE CRIMINAL PROCEDURE ACT 51 OF 1977.
Having read the record in chambers the following order is made:
1. The application for leave to appeal in respect of count 1 is refused.
2. The application for leave to appeal against sentence in respect of the second alternative to count 2 is granted.
3. 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.
4. The application for leave to appeal against the return of the motor vehicle to the purported lawful owner is granted.
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.
a) The applicant has no prospects of success in respect of the first count. The charge is too vague and it has not been cured by evidence. Another Court may not come to a different view.
b) The applicant has prospects of success in respect of the second alternative to count 2. The sentence imposed is inappropriate, too lenient and it induces a sense of shock. Another Court may arrive at a different conclusion.