S v Eprafas (CRIMINAL 32 of 2011) [2011] NAHC 310 (18 October 2011)

S v Eprafas (CRIMINAL 32 of 2011) [2011] NAHC 310 (18 October 2011)

The accused was improperly convicted on both alternative counts; only one conviction is permissible. The evidence supports conviction for indecent assault, not both indecent assault and assault with intent to do grievous bodily harm. The sentence imposed was affected by the irregularity and required correction.

Citation
[2011] NAHC 310
Parties
Prosecutor: The State; Accused: George Epafras
Court
High Court
Jurisdiction
Namibia
Judgment Date
18 October 2011
Case Number
CRIMINAL 32 of 2011
Procedural Posture
Criminal Review / Review Judgment
Outcome
conviction on indecent assault confirmed; conviction on assault with intent to do grievous bodily harm set aside; sentence set aside and substituted
Legal Topics
Indecent Assault, Assault With Intent to Do Grievous Bodily Harm, Alternative Charges, Sentencing, Review Proceedings
Source Language
English
Criminal Law Indecent Assault Assault With Intent to Do Grievous Bodily Harm Alternative Charges Sentencing Review Proceedings

Case Brief

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Parties

The State

Prosecutor

George Epafras

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the accused could be convicted on both alternative counts arising from a single main charge
  2. 2 Whether the evidence justified conviction for indecent assault and/or assault with intent to do grievous bodily harm
  3. 3 Appropriateness of the sentence imposed

Ratio Decidendi

The accused was improperly convicted on both alternative counts; only one conviction is permissible. The evidence supports conviction for indecent assault, not both indecent assault and assault with intent to do grievous bodily harm. The sentence imposed was affected by the irregularity and required correction.

Court Disposition

conviction on indecent assault confirmed; conviction on assault with intent to do grievous bodily harm set aside; sentence set aside and substituted

Orders

  • The conviction on indecent assault is confirmed.
  • The conviction on assault with intent to do grievous bodily harm is set aside.