Hamukoto v The State (HC-NLD-CRI-APP-CAL-2019/00042) [2020] NAHCNLD 09 (23 January 2020);

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Full judgment

REPUBLIC OF NAMIBIA

IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI

APPEAL JUDGMENT

 

Case Title:

Lukas Hamukoto v The State

Case No: HC-NLD-CRI-APP-CAL-2019/00042

 

Division of Court:

Northern Local Division

Heard before: 

Honourable Mr Justice  January J et

Honourable Ms Justice Salionga J

 

Delivered on: 

23 January 2020

 

Neutral citation: Hamukoto v S (HC-NLD-CRI-APP-CAL-2019/00042) [2020] NAHCNLD 09 (23 January 2020)

 

The order:

1.   Condonation in this matter  is refused;

2.   The matter is struck from the roll and considered finalized.

Reasons for order:

[1]       The appeal is against sentence.

[2]       The appellant is representing himself and the respondent by Mr Andreas.

[3]       He pleaded guilty to housebreaking with intent to steal and theft of household items to the value of N$3390.

[4]       He was sentenced to 36 months imprisonment of which 12 months were suspended for a period of 4 years on condition that the accused is not convicted of housebreaking with intent to steal and theft committed during the period of suspension.

[5]       He filed his notice of appeal late and explained that the reasons for the delay are that:

-     After the sentence he was in a state of shock and it took a while for him to come to his senses about his right to appeal.

-     He is illiterate and had to search for someone to assist.

-     That the notice of appeal took a while in the hands of the correctional officers before it was filed.

[6]    The record reflects that his rights to appeal and review were appropriately explained and he understood.

[7]    In my view the explanation is not reasonable.

[8]    In addition the appellant does not have reasonable prospects of success on appeal.

[9]    The magistrate appropriately considered the personal circumstances of the appellant, the seriousness of the crime and circumstances under which it was committed.

[10]    The sentence is further in line with similar sentences for similar offences. 
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                   H C JANUARY

                        JUDGE

                        J T SALIONGA

                              JUDGE

 

APPEARANCES

APPELLANT:                                    Mr L Hamukoto (in person)

                                                         Of Oluno Correctional Facility, Ondangwa

 

RESPONDENT:                               Mr J Andreas

                                                        Of the Office of the Prosecutor-General, Oshakati

          

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