S v Kharuxab (2) (CRIMINAL 120 of 2007) [2007] NAHC 136 (10 October 2007)

S v Kharuxab (2) (CRIMINAL 120 of 2007) [2007] NAHC 136 (10 October 2007)

The accused's admission of intent to steal during questioning required a conviction for housebreaking with intent to steal, not housebreaking with intent to commit a crime unknown to the State, in accordance with section 262(2) of the Criminal Procedure Act.

Source-derived case information.

Citation
[2007] NAHC 136
Parties
Prosecution: The State; Accused: Manfred Kharuxab
Court
High Court
Jurisdiction
Namibia
Judgment Date
10 October 2007
Case Number
CRIMINAL 120 of 2007
Procedural Posture
Criminal / High Court Review
Outcome
Conviction substituted; sentence confirmed.
Legal Topics
Housebreaking, Intent to Steal, Competent Verdicts
Source Language
english
Criminal Law Housebreaking Intent to Steal Competent Verdicts

Source-derived case record

Summary, issues, holding and outcome

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Parties

The State

Prosecution

Manfred Kharuxab

Accused

Procedural Posture

Criminal / High Court Review

Legal Issues

  1. 1 Whether the accused should have been convicted of housebreaking with intent to steal instead of housebreaking with intent to commit a crime unknown to the State

Ratio Decidendi

The accused's admission of intent to steal during questioning required a conviction for housebreaking with intent to steal, not housebreaking with intent to commit a crime unknown to the State, in accordance with section 262(2) of the Criminal Procedure Act.

Court Disposition

Conviction substituted; sentence confirmed.

Orders

  • The conviction is set aside and substituted with a conviction of housebreaking with intent to steal.
  • The sentence is confirmed.