S v Collin (CRIMINAL 93 of 2011) [2011] NAHC 313 (18 October 2011)

S v Collin (CRIMINAL 93 of 2011) [2011] NAHC 313 (18 October 2011)

The accused was not a prisoner as defined by the Prisons Act and the police station was not a prison under the Act; thus, the conviction under section 75(e) was improper but the facts support a conviction for escape from lawful custody.

Citation
[2011] NAHC 313
Parties
Prosecutor: The State; Accused: Jakob Collin
Court
High Court
Jurisdiction
Namibia
Judgment Date
18 October 2011
Case Number
CRIMINAL 93 of 2011
Procedural Posture
Criminal Review / Judgment on Automatic Review
Outcome
Conviction under section 75(e) of the Prisons Act set aside and substituted with conviction for escape from lawful custody; sentence confirmed.
Legal Topics
Escape From Lawful Custody, Prisons Act, Conviction Substitution
Source Language
English
Criminal Law Escape From Lawful Custody Prisons Act Conviction Substitution

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Prosecutor

Jakob Collin

Accused

Procedural Posture

Criminal Review / Judgment on Automatic Review

Legal Issues

  1. 1 Whether the accused was properly convicted under section 75(e) of the Prisons Act
  2. 2 Whether the facts support a conviction for escape from lawful custody

Ratio Decidendi

The accused was not a prisoner as defined by the Prisons Act and the police station was not a prison under the Act; thus, the conviction under section 75(e) was improper but the facts support a conviction for escape from lawful custody.

Court Disposition

Conviction under section 75(e) of the Prisons Act set aside and substituted with conviction for escape from lawful custody; sentence confirmed.

Orders

  • The conviction on the charge of having contravened section 75(e) of the Prisons Act, 17 of 1998 is set aside and substituted with a conviction for escape from lawful custody.
  • The sentence is confirmed.