CRIMINAL PROCEDURE – JUDGMENT MUST SHOW HOW THE COURT RESOLVED ISSUES OF LAW AND FACT – DUTY AND RATIONALE FOR THE COURT TO PROVIDE REASONS FOR ITS DECISION . Garoes v The State NAHCMD (14 April 2023)

Whereas the appellant was convicted of fraud and was sentenced; and whereas she appealed against both conviction and sentence, and the court dismissed the appeal, the High Court, in dismissing the appeal, considered the judgment of the Magistrate thus:

‘The judgment of the Magistrate

[32]        Although it is not necessary for this court to deal with the ruling of the s 174 application, we need to refer to it because the magistrate referred to it in the final ruling on the merits.  In the section 174 application, he summarized only the evidence of the first witness and did not consider . . .

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