“ANNEXURE 11”
Practice Directive 61
IN THE HIGH COURT OF NAMIBIA
Case Title:
THE STATE // XAVIER DENTLINGER
Case No:
HC-MD-CRI-APP-SLA-2019/00021
Division of Court:
HIGH COURT (MAIN DIVISION)
Heard before:
HONOURABLE MR JUSTICE MILLER, ACTING
Date of hearing:
27 JANUARY 2020
Delivered on:
27 JANUARY 2020
Neutral citation: The State v Dentlinger (HC-MD-CRI-APP-SLA-2019/00021) [2020] NAHCMD 24 (27 January 2020)
The order:
In chambers:
IT IS ORDERED THAT:
1. The State is granted leave to appeal against the sentence.
2. The matter is removed from the roll and is considered as finalised.
Reasons for the above order:
[1] The State seeks leave to appeal against the sentence imposed by the Magistrate on 19 March 2019 following his conviction on a charge of attempted murder read with the provisions of the Combating of Domestic Violence Act 4/2003.
[2] The sentence imposed was the following:
‘six months imprisonment, wholly suspended for a period of five years on condition that the accused is not convicted of attempted murder or of assault committed during the period of suspension.’
[3] Having read the papers, I am of the view that there is a reasonable prospect that the court of appeal may interfere with the sentence imposed.
[4] The appellant is granted leave to appeal against the sentence.
Judge’s signature:
Note to the parties:
Not applicable.
Counsel:
Applicant
Respondent
C Lutibezi
of
Office of the Prosecutor-General, Windhoek
In person