S v Avelinu and Others (CC 6 of 2003) [2005] NAHC 49 (22 November 2005)

S v Avelinu and Others (CC 6 of 2003) [2005] NAHC 49 (22 November 2005)

The court found that accused 1, 2, 3, and 5 acted together in planning and executing the robbery and murder, with sufficient evidence of common purpose, possession of proceeds, and participation. The confessions and pointing out evidence were admissible. The evidence against accused 4 and 6 was insufficient to prove their participation beyond reasonable doubt. The State proved the charges against accused 1, 2, 3, and 5 beyond reasonable doubt.

Citation
[2005] NAHC 49
Parties
Prosecution: The State; Accused No. 1: Elia Avelinu; Accused No. 2: Andapo Kristof Shigwedha; Accused No. 3: Reinhold Nambahu; Accused No. 4: Likius Shiikundeni Shafodino; Accused No. 5: Elifas Ndalusha; Accused No. 6: Jason Miipale Nangombe
Court
High Court
Jurisdiction
Namibia
Judgment Date
22 November 2005
Case Number
CC 6 of 2003
Procedural Posture
Criminal / Judgment
Outcome
Conviction and acquittal (split judgment)
Legal Topics
Murder, Robbery With Aggravating Circumstances, Defeating or Obstructing the Course of Justice, Malicious Damage to Property, Common Purpose Doctrine, Admissibility of Confessions, Identification Evidence
Source Language
English
Criminal Law Murder Robbery With Aggravating Circumstances Defeating or Obstructing the Course of Justice Malicious Damage to Property Common Purpose Doctrine Admissibility of Confessions Identification Evidence

Case Brief

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Parties

The State

Prosecution

Elia Avelinu

Accused No. 1

Andapo Kristof Shigwedha

Accused No. 2

Reinhold Nambahu

Accused No. 3

Likius Shiikundeni Shafodino

Accused No. 4

Elifas Ndalusha

Accused No. 5

Jason Miipale Nangombe

Accused No. 6

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused persons participated in the murder and robbery at People's Inn Bar and Gambling House No. 2 on 18-19 May 2002
  2. 2 Whether the accused persons acted with common purpose
  3. 3 Whether confessions and pointing out evidence were admissible

Ratio Decidendi

The court found that accused 1, 2, 3, and 5 acted together in planning and executing the robbery and murder, with sufficient evidence of common purpose, possession of proceeds, and participation. The confessions and pointing out evidence were admissible. The evidence against accused 4 and 6 was insufficient to prove their participation beyond reasonable doubt. The State proved the charges against accused 1, 2, 3, and 5 beyond reasonable doubt.

Court Disposition

Conviction and acquittal (split judgment)

Orders

  • Accused 1, 2, 3, and 5 found guilty of murder (Count 1), robbery with aggravating circumstances (Counts 2 and 3), and defeating or obstructing the course of justice (Count 4).
  • Accused 1, 2, 3, and 5 acquitted on the alternative count of malicious damage to property.