S v Kido (1) (CRIMINAL 26 of 2011) [2011] NAHC 87 (22 March 2011)

S v Kido (1) (CRIMINAL 26 of 2011) [2011] NAHC 87 (22 March 2011)

The accused did not admit the necessary mens rea for theft but admitted facts supporting a conviction under section 8 of the General Law Amendment Ordinance, 1956 (unauthorised borrowing).

Citation
[2011] NAHC 87
Parties
Prosecution: State; Accused: Juanita Kido
Court
High Court
Jurisdiction
Namibia
Judgment Date
22 March 2011
Case Number
CRIMINAL 26 of 2011
Procedural Posture
Criminal Review / High Court Review Judgment
Outcome
Conviction for theft set aside and substituted with conviction under section 8 of the General Law Amendment Ordinance, 1956 (unauthorised borrowing); sentence confirmed with amendment to reflect correct offence.
Legal Topics
Theft, Mens Rea, Unauthorised Borrowing
Source Language
English
Criminal Law Theft Mens Rea Unauthorised Borrowing

Case Brief

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Parties

State

Prosecution

Juanita Kido

Accused

Procedural Posture

Criminal Review / High Court Review Judgment

Legal Issues

  1. 1 Whether the accused admitted the necessary mens rea for theft
  2. 2 Whether the facts support a conviction for theft or for unauthorised borrowing under section 8 of the General Law Amendment Ordinance, 1956

Ratio Decidendi

The accused did not admit the necessary mens rea for theft but admitted facts supporting a conviction under section 8 of the General Law Amendment Ordinance, 1956 (unauthorised borrowing).

Court Disposition

Conviction for theft set aside and substituted with conviction under section 8 of the General Law Amendment Ordinance, 1956 (unauthorised borrowing); sentence confirmed with amendment to reflect correct offence.

Orders

  • The conviction of theft is set aside and substituted with a conviction of c/section 8 of the General Law Amendment Ordinance, 1956 (Ord. 12 of 1956) (Unauthorised borrowing).
  • The sentence is confirmed, subject to the offence description being amended to c/section 8 of the General Law Amendment Ordinance, 1956 (Ord. 12 of 1956) (Unauthorised borrowing).