State v Dentlinger (HC-MD-CRIMINALI-APP-SLA 21 of 2019) [2020] NAHCMD 24 (27 January 2020)


“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.


  1. 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



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