S v Alweendo (CRIMINAL 30 of 2000) [2000] NAHC 9 (14 April 2000)

S v Alweendo (CRIMINAL 30 of 2000) [2000] NAHC 9 (14 April 2000)

The charge and evidence did not allege or prove any falsification, counterfeiting, substitution, alteration, defacement, mutilation, or addition to a registration mark as required by section 143(1); therefore, the conviction under that section cannot stand.

Citation
[2000] NAHC 9
Parties
Prosecutor: The State; Accused: Lukas Alweendo
Court
High Court
Jurisdiction
Namibia
Judgment Date
14 April 2000
Case Number
CRIMINAL 30 of 2000
Procedural Posture
Criminal / Special Review
Outcome
conviction set aside
Legal Topics
Improper Charge, Conviction Under Wrong Section, Dealer's Licence Misuse
Source Language
English
Criminal Law Road Traffic Law Improper Charge Conviction Under Wrong Section Dealer's Licence Misuse

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The State

Prosecutor

Lukas Alweendo

Accused

Procedural Posture

Criminal / Special Review

Legal Issues

  1. 1 Whether the accused's actions constituted a contravention of section 143(1) of the Road Traffic Ordinance, 1967

Ratio Decidendi

The charge and evidence did not allege or prove any falsification, counterfeiting, substitution, alteration, defacement, mutilation, or addition to a registration mark as required by section 143(1); therefore, the conviction under that section cannot stand.

Court Disposition

conviction set aside

Orders

  • The accused's conviction of a contravention of section 143(1) of Ordinance 30 of 1967 is set aside.