S v Kandonga (CRIMINAL 47 of 2011) [2011] NAHC 145 (27 May 2011)

S v Kandonga (CRIMINAL 47 of 2011) [2011] NAHC 145 (27 May 2011)

The absence of evidence that the breathalyser test was conducted within 2 hours of driving rendered the proceedings not in accordance with justice, necessitating the setting aside of the conviction and sentence.

Citation
[2011] NAHC 145
Parties
Prosecutor: The State; Accused: Willem Nehemia Kandonga
Court
High Court
Jurisdiction
Namibia
Judgment Date
27 May 2011
Case Number
CRIMINAL 47 of 2011
Procedural Posture
Criminal Review / Review Judgment
Outcome
conviction and sentence set aside
Legal Topics
Driving Under the Influence, Breathalyser Evidence, Procedural Fairness
Source Language
English
Criminal Law Road Traffic Law Driving Under the Influence Breathalyser Evidence Procedural Fairness

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Prosecutor

Willem Nehemia Kandonga

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the absence of evidence that the breathalyser test was conducted within 2 hours of driving invalidates the conviction.

Ratio Decidendi

The absence of evidence that the breathalyser test was conducted within 2 hours of driving rendered the proceedings not in accordance with justice, necessitating the setting aside of the conviction and sentence.

Court Disposition

conviction and sentence set aside

Orders

  • Conviction and sentence set aside.
  • Accused entitled to refund of N$4000.00 if fine paid.