S v Kakutheya and Another (CRIMINAL 56 of 2011) [2011] NAHC 207 (15 July 2011)

S v Kakutheya and Another (CRIMINAL 56 of 2011) [2011] NAHC 207 (15 July 2011)

The evidence only established theft of one solar panel of unknown value by accused no. 1. The conviction and sentence as originally worded were improper and required correction.

Source-derived case information.

Citation
[2011] NAHC 207
Parties
Prosecutor: The State; Accused: Frans Anton Kakutheya; Accused: Sabastian Kampungu
Court
High Court
Jurisdiction
Namibia
Judgment Date
15 July 2011
Case Number
CRIMINAL 56 of 2011
Procedural Posture
Criminal / Review Judgment
Outcome
Conviction and sentence altered on review.
Legal Topics
Theft, Review Proceedings, Conviction, Sentencing
Source Language
english
Criminal Law Theft Review Proceedings Conviction Sentencing

Source-derived case record

Summary, issues, holding and outcome

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Parties

The State

Prosecutor

Frans Anton Kakutheya

Accused

Sabastian Kampungu

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the conviction and sentence were proper given the evidence and the wording of the conviction and sentence.

Ratio Decidendi

The evidence only established theft of one solar panel of unknown value by accused no. 1. The conviction and sentence as originally worded were improper and required correction.

Court Disposition

Conviction and sentence altered on review.

Orders

  • Sentence altered to include condition: 'on condition that the accused is not convicted of theft, committed during the period of suspension.'
  • Conviction set aside and replaced with: 'Guilty of Theft of one solar panel the value of which is unknown.'