S v Kooper and Another (71 of 1993) [1993] NAHC 10 (26 May 1993)

S v Kooper and Another (71 of 1993) [1993] NAHC 10 (26 May 1993)

The court found both accused guilty of robbery and housebreaking with intent to steal and theft based on their admissions and corroborating evidence. Accused no. 2 was found guilty of attempted murder and murder based on his admissions and the evidence of witnesses, while accused no. 1 was acquitted of these charges due to lack of common purpose and an alibi. Accused no. 1 was convicted of raping Theresia Aoses, and accused no. 2 of raping Maria Aoses, based on the victims' testimony and medical evidence. Both accused were convicted of kidnapping Theresia and Martha Aoses. The court acquitted both accused on charges where the State failed to prove the elements beyond reasonable doubt.

Citation
[1993] NAHC 10
Parties
Prosecution: The State; Accused No. 1: Johannes Kooper; Accused No. 2: Andries Ei-Aseb
Court
High Court
Jurisdiction
Namibia
Judgment Date
26 May 1993
Case Number
71 of 1993
Procedural Posture
Criminal / Judgment
Outcome
Conviction and acquittal on various charges as specified.
Legal Topics
Robbery, Housebreaking, Theft, Murder, Attempted Murder, Rape, Kidnapping, Escape From Lawful Custody
Source Language
English
Criminal Law Robbery Housebreaking Theft Murder Attempted Murder Rape Kidnapping +1 more

Case Brief

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Parties

The State

Prosecution

Johannes Kooper

Accused No. 1

Andries Ei-Aseb

Accused No. 2

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused are guilty of robbery, housebreaking with intent to steal and theft, murder, attempted murder, rape, kidnapping, and escape from lawful custody as charged.
  2. 2 Whether aggravating circumstances were present in the robbery charges.
  3. 3 Whether common purpose was established for the murder and attempted murder charges.

Ratio Decidendi

The court found both accused guilty of robbery and housebreaking with intent to steal and theft based on their admissions and corroborating evidence. Accused no. 2 was found guilty of attempted murder and murder based on his admissions and the evidence of witnesses, while accused no. 1 was acquitted of these charges due to lack of common purpose and an alibi. Accused no. 1 was convicted of raping Theresia Aoses, and accused no. 2 of raping Maria Aoses, based on the victims' testimony and medical evidence. Both accused were convicted of kidnapping Theresia and Martha Aoses. The court acquitted both accused on charges where the State failed to prove the elements beyond reasonable doubt.

Court Disposition

Conviction and acquittal on various charges as specified.

Orders

  • Accused no. 1 convicted of robbery, housebreaking with intent to steal and theft, rape of Theresia Aoses, kidnapping of Theresia and Martha Aoses, escape from lawful custody, housebreaking and theft at Nomtsaub Peoples Club, theft of a radio, theft of trousers; acquitted on murder, attempted murder, and rape of...
  • Accused no. 2 convicted of robbery, housebreaking with intent to steal and theft, attempted murder (Isak and Franciska Aoses), murder (Petrus, Frans, Evelina Ase), rape of Maria Aoses, kidnapping of Theresia and Martha Aoses, escape from lawful custody, housebreaking and theft at Nomtsaub Peoples Club, theft of...