S v Hamukoto (5) (Reasons for Order) (HC-NLD-CRIMINALI-APP-CAL 42 of 2019) [2020] NAHCNLD 9 (23 January 2020)

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.

H C JANUARY

JUDGE

J T SALIONGA

JUDGE