S v Majiedt (1) (CC 27 of 1996) [1996] NAHC 61 (20 September 1996)

S v Majiedt (1) (CC 27 of 1996) [1996] NAHC 61 (20 September 1996)

The court found the accused guilty based on the credible evidence of the co-perpetrator, corroborated by other witnesses, and circumstantial evidence. However, due to the failure to prove the tablets contained methaqualone, the accused was convicted of theft and attempted dealing, not the substantive drug offence.

Citation
[1996] NAHC 61
Parties
Prosecutor: The State; Accused: Andre Majiedt; Co Accused (discharged): Dorothy Mhlontlo
Court
High Court
Jurisdiction
Namibia
Judgment Date
20 September 1996
Case Number
CC 27 of 1996
Procedural Posture
Criminal / Judgment and Sentence
Outcome
Convicted
Legal Topics
Theft, Attempted Dealing in Prohibited Substances, Drug Offences, Evidentiary Standards
Source Language
English
Criminal Law Theft Attempted Dealing in Prohibited Substances Drug Offences Evidentiary Standards

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Parties

The State

Prosecutor

Andre Majiedt

Accused

Dorothy Mhlontlo

Co Accused (discharged)

Procedural Posture

Criminal / Judgment and Sentence

Legal Issues

  1. 1 Whether the accused was involved in the theft of tablets from the forensic laboratory
  2. 2 Whether the accused attempted to deal in Mandrax tablets containing methaqualone
  3. 3 Whether the State proved the tablets contained methaqualone

Ratio Decidendi

The court found the accused guilty based on the credible evidence of the co-perpetrator, corroborated by other witnesses, and circumstantial evidence. However, due to the failure to prove the tablets contained methaqualone, the accused was convicted of theft and attempted dealing, not the substantive drug offence.

Court Disposition

Convicted

Orders

  • Count 1: Four years imprisonment for theft of two boxes containing an unknown quantity of tablets.
  • Count 2: Four years imprisonment for attempt to contravene section 2(a) of Act 41 of 1971 by dealing in two boxes containing an unknown quantity of tablets.