Emvula v S (CA 126 of 2013) [2014] NAHCMD 77 (28 February 2014)

Emvula v S (CA 126 of 2013) [2014] NAHCMD 77 (28 February 2014)

The conviction and sentence were set aside because there was no evidence proving the lawfulness of the appellant's detention.

Citation
[2014] NAHCMD 77
Parties
Appellant: Peter Emvula; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
28 February 2014
Case Number
CA 126 of 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
conviction and sentence set aside
Legal Topics
Escape From Lawful Custody, Burden of Proof, Lawfulness of Detention
Source Language
English
Criminal Law Escape From Lawful Custody Burden of Proof Lawfulness of Detention

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Parties

Peter Emvula

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether there was evidence proving the lawfulness of the appellant's detention

Ratio Decidendi

The conviction and sentence were set aside because there was no evidence proving the lawfulness of the appellant's detention.

Court Disposition

conviction and sentence set aside

Orders

  • The conviction and sentence are set aside.