S v Kooper (1) (CRIMINAL 164 of 2007) [2007] NAHC 141 (28 November 2007)

S v Kooper (1) (CRIMINAL 164 of 2007) [2007] NAHC 141 (28 November 2007)

The accused did not admit all elements of the offence under s.78(3) of the Act, specifically that a person was killed or injured in the accident, and therefore the conviction cannot stand.

Citation
[2007] NAHC 141
Parties
Prosecution: The State; Accused: Jublin Kooper
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 November 2007
Case Number
CRIMINAL 164 of 2007
Procedural Posture
Criminal / High Court Review
Outcome
Conviction and sentence set aside
Legal Topics
Elements of Offence, Plea of Guilty, Section 78(3) Road Traffic and Transport Act
Source Language
English
Criminal Law Traffic Law Elements of Offence Plea of Guilty Section 78(3) Road Traffic and Transport Act

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 1 Party arguments 2
Sign in to unlock

Parties

The State

Prosecution

Jublin Kooper

Accused

Procedural Posture

Criminal / High Court Review

Legal Issues

  1. 1 Whether all elements of the offence under s.78(3) of the Road Traffic and Transport Act were admitted by the accused
  2. 2 Whether a conviction can stand where no person was killed or injured in the accident

Ratio Decidendi

The accused did not admit all elements of the offence under s.78(3) of the Act, specifically that a person was killed or injured in the accident, and therefore the conviction cannot stand.

Court Disposition

Conviction and sentence set aside

Orders

  • The conviction and sentence are set aside.