Nghilifavali v S (HC-NLD-CRI-APP-CAL-2020/00017) [2020] NAHCNLD 454 (06 August 2020);

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Full judgment

REPUBLIC OF NAMIBIA

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

APPEAL JUDGMENT

 

Case Title:

 Teofelus Paulus Nghilifavali v The State

Case No:

HC-NLD-CRI-APP-CAL-2020/00017

 

Division of Court:

Northern Local Division

Heard before: 

Honourable Mr. Justice  January J et

Honourable Ms. Justice Salionga J

Head:               25 June 2020

Delivered on:  06 August 2020

 

 

Neutral citation: Nghilifavali v S (HC-NLD-CRI-APP-CAL-2020/00017) [2020] NAHCNLD

103 (6 August 2020)

The order:

  1. The appeal is dismissed.

Reasons for order:

January J (Salionga J) concurring:

 

[1]        The appeal is against sentence.

 

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

 

[3]        The appellant pleaded guilty to a charge of malicious damage of property, an aluminium window worth N$5500. He was sentenced to 24 months imprisonment.

 

[4]        The applicant raised no ground of appeal but only prays for a fine to be imposed.

 

[5]        He stated in this court that there is no misdirection by the magistrate.

 

[6]        Mr Gaweseb submitted that there is no misdirection by the magistrate. That the offence is serious and that the appeal should be dismissed.

 

[7]        I could not find any misdirection and the sentence is not shocking or inappropriate.

 

[8]        In the result:

1.     The appeal is dismissed.

 

Judge(s) signature

Note to Parties;

January J

None

Salionga J

None

                                                                Counsel:

Appellant

Respondent

Mr T P Nghilifavali

Oluno Correctional Facility, Ondangwa

 Mr T Gaweseb

Office of the Prosecutor-General, Oshakati

 

 

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