S v Immanuel (3) (Review Judgment) (CRIMINAL 9 of 2011) [2011] NAHC 94 (28 March 2011)

S v Immanuel (3) (Review Judgment) (CRIMINAL 9 of 2011) [2011] NAHC 94 (28 March 2011)

The accused did not admit the required intent to cause grievous bodily harm during s 112(1)(b) questioning; therefore, the conviction on his plea of guilty was improper and must be set aside.

Citation
[2011] NAHC 94
Parties
Prosecution: The State; Accused: Rainhold Immanuel
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 March 2011
Case Number
CRIMINAL 9 of 2011
Procedural Posture
Criminal Review / Review Judgment
Outcome
conviction and sentence set aside; matter remitted to Magistrate’s Court for proper procedure
Legal Topics
Assault With Intent to Do Grievous Bodily Harm, Plea of Guilty, Intention, Section 112(1)(b) Criminal Procedure Act
Source Language
English
Criminal Law Assault With Intent to Do Grievous Bodily Harm Plea of Guilty Intention Section 112(1)(b) Criminal Procedure Act

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Parties

The State

Prosecution

Rainhold Immanuel

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the accused admitted the intention to cause grievous bodily harm during s 112(1)(b) questioning
  2. 2 Whether the conviction on a plea of guilty was proper without admission of intent

Ratio Decidendi

The accused did not admit the required intent to cause grievous bodily harm during s 112(1)(b) questioning; therefore, the conviction on his plea of guilty was improper and must be set aside.

Court Disposition

conviction and sentence set aside; matter remitted to Magistrate’s Court for proper procedure

Orders

  • The conviction and sentence are set aside.
  • The matter is remitted to the Magistrate’s Court, Tsumeb in terms of s 312(1) of Act 51 of 1977 with the direction to comply with the provisions of s 112(1)(b) or to act in terms of s 113, as the case may be.