S v Shikunga (SA 6 of 1995) [1997] NASC 2 (20 August 1997)

S v Shikunga (SA 6 of 1995) [1997] NASC 2 (20 August 1997)

The appeal is dismissed because, despite the unconstitutional admission of the confession, the conviction was justified on other reliable evidence and objective facts. Section 217(1)(b)(ii) is unconstitutional, but the irregularity did not taint the verdict. The sentence imposed was appropriate given the facts and the nature of the attack.

Citation
[1997] NASC 2
Parties
Appellant: Immanuel Shikunga; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
20 August 1997
Case Number
SA 6 of 1995
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Murder, Robbery, Confession Admissibility, Constitutional Rights, Fair Trial, Onus of Proof, Sentencing
Source Language
English
Criminal Law Constitutional Law Murder Robbery Confession Admissibility Constitutional Rights Fair Trial Onus of Proof +1 more

Case Brief

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Parties

Immanuel Shikunga

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in admitting a confession under section 217(1)(b)(ii) of Act 51 of 1977
  2. 2 Whether section 217(1)(b)(ii) is unconstitutional under the Namibian Constitution
  3. 3 Whether the conviction can stand despite the constitutional irregularity

Ratio Decidendi

The appeal is dismissed because, despite the unconstitutional admission of the confession, the conviction was justified on other reliable evidence and objective facts. Section 217(1)(b)(ii) is unconstitutional, but the irregularity did not taint the verdict. The sentence imposed was appropriate given the facts and the nature of the attack.

Court Disposition

appeal dismissed

Orders

  • The appeal of the second accused against his convictions and sentence is dismissed.