Awaseb v S (Appeal Judgement) (CA 114 of 2016) [2017] NAHCMD 73 (13 March 2017)

Awaseb v S (Appeal Judgement) (CA 114 of 2016) [2017] NAHCMD 73 (13 March 2017)

The appellant's detention was lawfully sanctioned by court orders for trial, and the escape from such lawful custody constitutes the offence. The conviction was proper as the common law offence was proved beyond reasonable doubt.

Citation
[2017] NAHCMD 73
Parties
Appellant: Ruben Awaseb; Respondent: The State
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
13 March 2017
Case Number
CA 114 of 2016
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Escape From Lawful Custody, Appeal Against Conviction
Source Language
English
Criminal Law Escape From Lawful Custody Appeal Against Conviction

Case Brief

Summary, issues, holding and outcome

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Parties

Ruben Awaseb

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's detention was lawful at the time of escape
  2. 2 Whether the conviction for escape from lawful custody was proper

Ratio Decidendi

The appellant's detention was lawfully sanctioned by court orders for trial, and the escape from such lawful custody constitutes the offence. The conviction was proper as the common law offence was proved beyond reasonable doubt.

Court Disposition

appeal dismissed

Orders

  • The appeal against conviction is dismissed.