Court name
High Court Main Division
Case number
HC-MD-CRIMINALI-APP-SLA-2019/21
Case name
State v Dentlinger
Media neutral citation
[2020] NAHCMD 24
Judge
Miller J
  • “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