State v Daniel (HC-MD-CRIMINALI-APP-SLA 43 of 2019) [2020] NAHCMD 25 (27 January 2020)

Case Title:

THE STATE // GIDEON DANIEL

Case No:

HC-MD-CRI-APP-SLA-2019/00043

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 Daniel (HC-MD-CRI-APP-SLA-2019/00043) [2020] NAHCMD 25 (27 January 2020)

The order:

In chambers:

IT IS ORDERED THAT:

1. The State is granted leave to appeal.

2. The matter is removed from the roll and is considered as finalised.

Reasons for the above order:

[1] The accused was charged with theft of a cellphone alleged to have been the property of one Selma Hipondoka. The accused was discharged at the close of the State’s case in terms of section 174 of the Criminal Procedure Act, 51 of 1977.

[2] Having perused the papers, subsequent to the State filing an application for leave to appeal, I am of the view that there are reasonable prospects that a different court may come to a different conclusion.

[3] The appellant is granted leave to appeal.

Judge’s signature:

Note to the parties:

Not applicable.

Counsel:

Applicant

Respondent

T Iitula

of

Office of the Prosecutor-General, Windhoek

In person