S v Jagger (1) (CC 29 of 1993) [1993] NAHC 12 (1 April 1993)

S v Jagger (1) (CC 29 of 1993) [1993] NAHC 12 (1 April 1993)

The accused, together with an accomplice, assaulted and robbed the deceased, and placed him near a railway line, causing his death either directly or indirectly. The accused's pointing out was admissible as it was made freely and voluntarily. The accused is guilty of murder and robbery with aggravating circumstances.

Citation
[1993] NAHC 12
Parties
Prosecution: The State; Accused: Ismael Jagger
Court
High Court
Jurisdiction
Namibia
Judgment Date
1 April 1993
Case Number
CC 29 of 1993
Procedural Posture
Criminal / Judgment
Outcome
Guilty
Legal Topics
Murder, Robbery With Aggravating Circumstances, Pointing Out by Accused, Admissibility of Confessions and Admissions
Source Language
English
Criminal Law Murder Robbery With Aggravating Circumstances Pointing Out by Accused Admissibility of Confessions and Admissions

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 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The State

Prosecution

Ismael Jagger

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the accused robbed the deceased with aggravating circumstances
  3. 3 Admissibility of pointings out and admissions by the accused

Ratio Decidendi

The accused, together with an accomplice, assaulted and robbed the deceased, and placed him near a railway line, causing his death either directly or indirectly. The accused's pointing out was admissible as it was made freely and voluntarily. The accused is guilty of murder and robbery with aggravating circumstances.

Court Disposition

Guilty

Orders

  • Accused found guilty of murder
  • Accused found guilty of robbery with aggravating circumstances