S v Haraseb and Another (CRIMINAL 85 of 2011) [2011] NAHC 275 (21 September 2011)

S v Haraseb and Another (CRIMINAL 85 of 2011) [2011] NAHC 275 (21 September 2011)

The fact that the accused were again asked to plead to the same charges before a different magistrate constituted an irregularity, and the proceedings pursuant to the second plea are to be set aside.

Citation
[2011] NAHC 275
Parties
Prosecution: The State; Accused 1: Johan Haraseb; Accused 2: Brian Wasserfall
Court
High Court
Jurisdiction
Namibia
Judgment Date
21 September 2011
Case Number
CRIMINAL 85 of 2011
Procedural Posture
Criminal / High Court Review
Outcome
Proceedings set aside
Legal Topics
Double Plea, Irregularity in Proceedings, Housebreaking With Intent to Steal and Theft
Source Language
English
Criminal Law Criminal Procedure Double Plea Irregularity in Proceedings Housebreaking With Intent to Steal and Theft

Case Brief

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Parties

The State

Prosecution

Johan Haraseb

Accused 1

Brian Wasserfall

Accused 2

Procedural Posture

Criminal / High Court Review

Legal Issues

  1. 1 Whether the accused can be required to plead to the same charge before different magistrates
  2. 2 Whether the proceedings after the second plea are valid

Ratio Decidendi

The fact that the accused were again asked to plead to the same charges before a different magistrate constituted an irregularity, and the proceedings pursuant to the second plea are to be set aside.

Court Disposition

Proceedings set aside

Orders

  • The proceedings before Mr. Muchali on 18 July 2011 are reviewed and set aside.