S v Korner (CRIMINAL 80 of 2011) [2011] NAHC 255 (24 August 2011)

S v Korner (CRIMINAL 80 of 2011) [2011] NAHC 255 (24 August 2011)

The Regional Magistrate erred by not entering a plea of not guilty under Section 113 and by allowing mitigation before proper procedure; proceedings were irregular and must be set aside.

Source-derived case information.

Citation
[2011] NAHC 255
Parties
Prosecutor: The State; Accused: Ricardo Korner; Accused: Gert Kock
Court
High Court
Jurisdiction
Namibia
Judgment Date
24 August 2011
Case Number
CRIMINAL 80 of 2011
Procedural Posture
Criminal Review / Review Judgment
Outcome
proceedings set aside
Legal Topics
Stock Theft, Plea Procedure, Irregular Proceedings
Source Language
english
Criminal Law Stock Theft Plea Procedure Irregular Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

The State

Prosecutor

Ricardo Korner

Accused

Gert Kock

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether the Regional Magistrate followed proper procedure when accused sought to change plea
  2. 2 Whether proceedings on 28 January 2011 were irregular

Ratio Decidendi

The Regional Magistrate erred by not entering a plea of not guilty under Section 113 and by allowing mitigation before proper procedure; proceedings were irregular and must be set aside.

Court Disposition

proceedings set aside

Orders

  • Proceedings of 28 January 2011 set aside
  • Matter remitted to Regional Magistrate to enter plea of not guilty under Section 113 of the Criminal Procedure Act