S v Haggai and Others (117 of 1993) [1994] NAHC 8 (2 June 1994)

S v Haggai and Others (117 of 1993) [1994] NAHC 8 (2 June 1994)

The accused who were properly identified and who armed themselves with weapons, acted in concert with a common purpose to commit violence, and foresaw death as a reasonable possibility, are guilty of murder and attempted murder. Those not properly identified or whose association was not proven beyond reasonable doubt are acquitted.

Citation
[1994] NAHC 8
Parties
Prosecution: The State; Accused: Jefta Haggai; Accused: Lazarus Kornelius; Accused: Martin Uupindi; Accused: Erastus Shegavali; Accused: Paulus Evas; Accused: Nikolaus Nghipande; Accused: Tobias Kornelius; Accused: Benjamin Iyambo; Accused: Ilinilius Hosea
Court
High Court
Jurisdiction
Namibia
Judgment Date
2 June 1994
Case Number
117 of 1993
Procedural Posture
Criminal / Judgment
Outcome
Convictions and acquittals as per counts for each accused.
Legal Topics
Common Purpose, Identification, Murder, Attempted Murder, Assault With Intent to Cause Grievous Bodily Harm
Source Language
English
Criminal Law Common Purpose Identification Murder Attempted Murder Assault With Intent to Cause Grievous Bodily Harm

Case Brief

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Parties

The State

Prosecution

Jefta Haggai

Accused

Lazarus Kornelius

Accused

Martin Uupindi

Accused

Erastus Shegavali

Accused

Paulus Evas

Accused

Nikolaus Nghipande

Accused

Tobias Kornelius

Accused

Benjamin Iyambo

Accused

Ilinilius Hosea

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 What evidence is necessary to establish common purpose in murder and assault cases?
  2. 2 What is required for proper identification of accused persons in group crimes?
  3. 3 Can passive presence at the scene of crime establish criminal liability under common purpose?

Ratio Decidendi

The accused who were properly identified and who armed themselves with weapons, acted in concert with a common purpose to commit violence, and foresaw death as a reasonable possibility, are guilty of murder and attempted murder. Those not properly identified or whose association was not proven beyond reasonable doubt are acquitted.

Court Disposition

Convictions and acquittals as per counts for each accused.

Orders

  • Accused no. 1: Count 1 - guilty as charged; Count 2 - guilty as charged; Counts 3 and 4 - not guilty and discharged.
  • Accused no. 2: Count 1 - guilty as charged; Count 2 - guilty as charged; Counts 3 and 4 - not guilty and discharged.