S v Liemisa (13 of 2016) [2016] NAHCMD 54 (3 March 2016)

S v Liemisa (13 of 2016) [2016] NAHCMD 54 (3 March 2016)

The magistrate failed to establish the accused's intention at the time of breaking and entering, and improperly relied on inference from subsequent conduct; thus, the conviction and sentence cannot stand.

Citation
[2016] NAHCMD 54
Parties
Prosecutor: The State; Accused: Chika Mushwena Liemisa
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
3 March 2016
Case Number
13 of 2016
Procedural Posture
Criminal / Review
Outcome
Conviction and sentence set aside; matter remitted for further questioning under s 112(1)(b) CPA.
Legal Topics
Housebreaking, Intention, Plea of Guilty, Section 112(1)(b) Criminal Procedure Act
Source Language
English
Criminal Law Criminal Procedure Housebreaking Intention Plea of Guilty Section 112(1)(b) Criminal Procedure Act

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Parties

The State

Prosecutor

Chika Mushwena Liemisa

Accused

Procedural Posture

Criminal / Review

Legal Issues

  1. 1 Whether the accused's intention at the time of breaking and entering was established during plea questioning
  2. 2 Whether the court was entitled to draw inferences from the accused's answers during s 112(1)(b) questioning

Ratio Decidendi

The magistrate failed to establish the accused's intention at the time of breaking and entering, and improperly relied on inference from subsequent conduct; thus, the conviction and sentence cannot stand.

Court Disposition

Conviction and sentence set aside; matter remitted for further questioning under s 112(1)(b) CPA.

Orders

  • The conviction and sentence are set aside.
  • The matter is remitted to the same court in terms of s 312(1) of Act 51 of 1977 with the direction to further question the accused in terms of s 112(1)(b) of the Act.