Swartbooi v S (CA 42/07) [2009] NAHC 122 (22 May 2009);

Group

Full judgment
ON RESUMPTION ON 2008


CASE NO.: CA 42/07

NOT REPORTABLE


IN THE HIGH COURT OF NAMIBIA



In the matter between:



PIET FRANS SWARTBOOI APPELLANT



and



THE STATE RESPONDENT




CORAM: HOFF, J. et PARKER, J



Heard on: 2009.05.22


Delivered on: 2009.05.22 (Ex tempore)

___________________________________________________________________________

JUDGMENT:


HOFF. J: [1] This is an appeal against a conviction on a charge of rape, two charges of assault with intent to do grievous bodily harm and one charge of the crime of theft, of which the appellant had been convicted of in the Regional Court and he was collectively sentenced to 11 years imprisonment.


[2] The State took a point in limine; that there was no proper application for the condonation of the late filing of his notice of appeal since the appellant filed his notice of appeal one year and eight months after he had been convicted and sentenced.


[3] Appellant on the day that he was sentenced in Regional Court was informed that he had to file his Notice of Appeal within 14 days of that day that he had been sentenced. He failed to file an application for leave to appeal in the said period of 14 days. He stated in his application for condonation that he was unable to find a person who could assist him in drawing up this application for his notice of appeal since he was a lay person and he did not know what to do.


[4] Now, the proper procedure for an application for condonation for the late filing of this notice of appeal is by way of an application supported by an affidavit made by the accused or the appellant. There is no such supporting affidavit. In any event, the explanation for his failure to prosecute the appeal within the 14 days is unacceptable. This Court therefore at this stage, cannot entertain this appeal, and the appeal is accordingly removed from the roll.




___________

HOFF , J.



I agree





___________

PARKER, J




ON BEHALF OF THE APPELLANT: IN PERSON


Instructed by:




ON BEHALF OF THE RESPONDENT: MR TRUTER


Instructed by: OFFICE OF THE PROSECUTOR-GENERAL






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