S v Angula (4) (CC 16 of 2013) [2016] NAHCMD 142 (12 May 2016)

S v Angula (4) (CC 16 of 2013) [2016] NAHCMD 142 (12 May 2016)

The accused genuinely believed he was in danger and acted in self-defence when he struck the deceased, but exceeded the bounds of self-defence by striking her further after she was already incapacitated, negating intent for murder but establishing culpable homicide.

Citation
[2016] NAHCMD 142
Parties
Prosecution: The State; Accused: Otto Angula
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 May 2016
Case Number
CC 16 of 2013
Procedural Posture
Criminal / Judgment
Outcome
Convicted of Culpable Homicide
Legal Topics
Murder, Culpable Homicide, Self Defence
Source Language
English
Criminal Law Murder Culpable Homicide Self Defence

Case Brief

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Parties

The State

Prosecution

Otto Angula

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the accused acted in self-defence
  3. 3 Whether the accused exceeded the bounds of self-defence

Ratio Decidendi

The accused genuinely believed he was in danger and acted in self-defence when he struck the deceased, but exceeded the bounds of self-defence by striking her further after she was already incapacitated, negating intent for murder but establishing culpable homicide.

Court Disposition

Convicted of Culpable Homicide

Orders

  • Accused found guilty of culpable homicide