S v Kheib (CA 155 of 2007) [2010] NAHC 128 (4 October 2010)

S v Kheib (CA 155 of 2007) [2010] NAHC 128 (4 October 2010)

The complainant was a competent witness as her evidence was clear, coherent, and not worthless; the trial court did not misdirect itself on facts or law; the conviction was supported by the evidence.

Citation
[2010] NAHC 128
Parties
Appellant: Elvis Kheib; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
4 October 2010
Case Number
CA 155 of 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Rape, Competency of Witnesses, Appeal Procedure
Source Language
English
Criminal Law Rape Competency of Witnesses Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Elvis Kheib

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether the conviction for rape was supported by evidence beyond reasonable doubt
  2. 2 Whether the complainant was a competent witness given her mental state
  3. 3 Whether the trial court erred in admitting the complainant's evidence

Ratio Decidendi

The complainant was a competent witness as her evidence was clear, coherent, and not worthless; the trial court did not misdirect itself on facts or law; the conviction was supported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.