Beyer v S (2) (Appeal Judgment) (CA 134 of 2017) [2017] NAHCMD 267 (15 September 2017)

Beyer v S (2) (Appeal Judgment) (CA 134 of 2017) [2017] NAHCMD 267 (15 September 2017)

The State failed to produce evidence raising a high degree of probability that the appellant intended to kill or attempted to kill the complainant; the evidence only established that a shot was fired into the ground behind the vehicle, and there was no proof beyond reasonable doubt of intent to kill.

Citation
[2017] NAHCMD 267
Parties
Appellant: Hartmut Beyer; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
15 September 2017
Case Number
CA 134 of 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal upheld; conviction and sentence set aside.
Legal Topics
Attempted Murder, Standard of Proof, Appeal Against Conviction and Sentence
Source Language
English
Criminal Law Attempted Murder Standard of Proof Appeal Against Conviction and Sentence

Case Brief

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Parties

Hartmut Beyer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the State proved beyond reasonable doubt that the appellant intended to kill the complainant or attempted to kill him
  2. 2 Whether the conviction for attempted murder was justified on the evidence

Ratio Decidendi

The State failed to produce evidence raising a high degree of probability that the appellant intended to kill or attempted to kill the complainant; the evidence only established that a shot was fired into the ground behind the vehicle, and there was no proof beyond reasonable doubt of intent to kill.

Court Disposition

Appeal upheld; conviction and sentence set aside.

Orders

  • The appeal is upheld.
  • The conviction and sentence passed on the appellant are set aside.