S v Bernard (1) (CC 7 of 2002) [2005] NAHC 48 (19 August 2005)

S v Bernard (1) (CC 7 of 2002) [2005] NAHC 48 (19 August 2005)

The State failed to prove beyond reasonable doubt that the accused was driving under the influence of alcohol or drove recklessly/negligently due to evidentiary irregularities, unreliable witness testimony, and a broken chain of custody for the blood sample. The accused was found guilty only of operating an unlicensed motor vehicle, which he admitted and is a strict liability offence.

Citation
[2005] NAHC 48
Parties
Prosecutor: The State; Accused: Hendrik Barnard
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 August 2005
Case Number
CC 7 of 2002
Procedural Posture
Criminal / Judgment
Outcome
Acquittal on counts 1 and 2 and their alternatives; conviction on count 3 (operating unlicensed motor vehicle) with a warning only.
Legal Topics
Driving Under the Influence, Reckless or Negligent Driving, Operating Unlicensed Motor Vehicle, Chain of Custody, Evidentiary Irregularities
Source Language
English
Criminal Law Road Traffic Law Driving Under the Influence Reckless or Negligent Driving Operating Unlicensed Motor Vehicle Chain of Custody Evidentiary Irregularities

Case Brief

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Parties

The State

Prosecutor

Hendrik Barnard

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused drove under the influence of alcohol
  2. 2 Whether the accused drove recklessly or negligently
  3. 3 Whether the accused operated an unlicensed motor vehicle

Ratio Decidendi

The State failed to prove beyond reasonable doubt that the accused was driving under the influence of alcohol or drove recklessly/negligently due to evidentiary irregularities, unreliable witness testimony, and a broken chain of custody for the blood sample. The accused was found guilty only of operating an unlicensed motor vehicle, which he admitted and is a strict liability offence.

Court Disposition

Acquittal on counts 1 and 2 and their alternatives; conviction on count 3 (operating unlicensed motor vehicle) with a warning only.

Orders

  • Accused acquitted on counts 1 and 2 and their alternatives.
  • Accused found guilty on count 3 and warned not to repeat the offence.