S v Kramash (CC 167 of 1998) [1998] NAHC 13 (27 October 1998)

S v Kramash (CC 167 of 1998) [1998] NAHC 13 (27 October 1998)

The accused's mind was innocent at all material times; she did not possess the requisite mens rea for the offences charged. She was in transit, had no intention to import goods into Namibia, and her actions were reasonable given her experience and the circumstances. The State failed to prove otherwise beyond reasonable doubt.

Citation
[1998] NAHC 13
Parties
Prosecutor: The State; Accused: Galit Kramash
Court
High Court
Jurisdiction
Namibia
Judgment Date
27 October 1998
Case Number
CC 167 of 1998
Procedural Posture
Criminal / Judgment
Outcome
Acquittal and discharge on all counts
Legal Topics
Mens Rea, Customs Declaration, Importation of Diamonds, Possession of Uncut Diamonds, Bribery
Source Language
English
Criminal Law Customs Law Mens Rea Customs Declaration Importation of Diamonds Possession of Uncut Diamonds Bribery

Case Brief

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Parties

The State

Prosecutor

Galit Kramash

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused was required to declare diamonds while in transit at Hosea Kutako International Airport
  2. 2 Whether the accused possessed the requisite mens rea for the offences charged
  3. 3 Whether the accused offered a bribe to a police officer

Ratio Decidendi

The accused's mind was innocent at all material times; she did not possess the requisite mens rea for the offences charged. She was in transit, had no intention to import goods into Namibia, and her actions were reasonable given her experience and the circumstances. The State failed to prove otherwise beyond reasonable doubt.

Court Disposition

Acquittal and discharge on all counts

Orders

  • Suitcase and diamonds (Exhibit 1) to be delivered to the accused as passenger hand baggage on an aircraft of her choosing at Hosea Kutako International Airport for travel to a destination outside Namibia.