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