S v Khulewind (1) (CC 13 of 2010) [2011] NAHC 302 (11 October 2011)

S v Khulewind (1) (CC 13 of 2010) [2011] NAHC 302 (11 October 2011)

The accused was not so intoxicated by reason of consumption of cannabis or cocaine that he did not know what he was doing when he inserted his finger into the vagina of the minor complainant. The evidence established beyond reasonable doubt that the accused acted with criminal intent and is guilty as charged.

Citation
[2011] NAHC 302
Parties
Prosecution: The State; Accused: Laizer Kuhlewind
Court
High Court
Jurisdiction
Namibia
Judgment Date
11 October 2011
Case Number
CC 13 of 2010
Procedural Posture
Criminal / Judgment After Trial
Outcome
Convicted as charged
Legal Topics
Rape, Intoxication as a Defence, Sexual Offences Against Minors
Source Language
English
Criminal Law Rape Intoxication as a Defence Sexual Offences Against Minors

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Parties

The State

Prosecution

Laizer Kuhlewind

Accused

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the accused committed the act of rape as defined under the Combating of Rape Act 8 of 2000
  2. 2 Whether the accused had the requisite criminal intent given his alleged intoxication

Ratio Decidendi

The accused was not so intoxicated by reason of consumption of cannabis or cocaine that he did not know what he was doing when he inserted his finger into the vagina of the minor complainant. The evidence established beyond reasonable doubt that the accused acted with criminal intent and is guilty as charged.

Court Disposition

Convicted as charged