S v Malumo and Others (2) (CC 32 of 2001) [2006] NAHC 52 (28 February 2006)

S v Malumo and Others (2) (CC 32 of 2001) [2006] NAHC 52 (28 February 2006)

The application for a special entry is refused as the alleged irregularities are unfounded; the particulars supplied were vague, and the State is not precluded from leading evidence outside the summary or particulars as supplied.

Citation
[2006] NAHC 52
Parties
Prosecution: The State; Accused: Calvin Liseli Malumo
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 February 2006
Case Number
CC 32 of 2001
Procedural Posture
Criminal / Application for Special Entry Under Section 317 of Act 51 of 1977
Outcome
application dismissed
Legal Topics
Special Entry, Further Particulars, Fair Trial, Evidence Admissibility
Source Language
English
Criminal Procedure Special Entry Further Particulars Fair Trial Evidence Admissibility

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Prosecution

Calvin Liseli Malumo

Accused

Procedural Posture

Criminal / Application for Special Entry Under Section 317 of Act 51 of 1977

Legal Issues

  1. 1 Whether the court erred in allowing the State to lead evidence outside the further particulars supplied to Accused No. 90
  2. 2 Whether the court erred in treating the further particulars as part of the summary of substantial facts under section 144 of Act 51 of 1977
  3. 3 Whether the court erred in reading 'various meetings' disjunctively

Ratio Decidendi

The application for a special entry is refused as the alleged irregularities are unfounded; the particulars supplied were vague, and the State is not precluded from leading evidence outside the summary or particulars as supplied.

Court Disposition

application dismissed