Nghilifavali v S [2020] NAHCNLD 103 (6 August 2020)

REPUBLIC OF NAMIBIA IN THE HIGH COURT OF NAMIBIA, NORTHERN LOCAL DIVISION, OSHAKATI APPEAL JUDGMENT Case Title: Case No: Teofelus Paulus Nghilifavali v The State HC-NLD-CRI-APP-CAL-2020/00017 Division of Court: Northern Local Division Heard before: Head: 25 June 2020 Honourable Mr. Justice January J et Delivered on: 06 August 2020 Honourable Ms. Justice Salionga J 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 Salionga J None None Counsel: Appellant Respondent Mr T P Nghilifavali Mr T Gaweseb Oluno Correctional Facility, Ondangwa Office of the Prosecutor-General, Oshakati