S v Booi (CRIMINAL 49 of 2010) [2010] NAHC 105 (24 September 2010)

S v Booi (CRIMINAL 49 of 2010) [2010] NAHC 105 (24 September 2010)

The court found that the accused was afforded the opportunity to examine the relevant certificates, admitted the breathalyzer result, and that the conviction and sentence were just and should stand.

Citation
[2010] NAHC 105
Parties
Prosecutor: The State; Accused: Friedel Boois
Court
High Court
Jurisdiction
Namibia
Judgment Date
24 September 2010
Case Number
CRIMINAL 49 of 2010
Procedural Posture
Criminal / High Court Review
Outcome
conviction and sentence confirmed
Legal Topics
Driving Under the Influence, Breathalyzer Evidence, Sentencing
Source Language
English
Criminal Law Traffic Law Driving Under the Influence Breathalyzer Evidence Sentencing

Case Brief

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Parties

The State

Prosecutor

Friedel Boois

Accused

Procedural Posture

Criminal / High Court Review

Legal Issues

  1. 1 Whether the accused was properly informed of the breathalyzer results and certificates
  2. 2 Whether the conviction and sentence were in accordance with justice

Ratio Decidendi

The court found that the accused was afforded the opportunity to examine the relevant certificates, admitted the breathalyzer result, and that the conviction and sentence were just and should stand.

Court Disposition

conviction and sentence confirmed

Orders

  • The conviction and sentence are confirmed.