S v Morkel (2) (CC 40 of 1994) [1996] NAHC 10 (6 June 1996)

S v Morkel (2) (CC 40 of 1994) [1996] NAHC 10 (6 June 1996)

The court found that the accused intentionally shot the deceased following an argument, rejected the accused's version as false and improbable, and held that the only reasonable inference from the evidence, including the accused's conduct after the shooting, was that the accused was guilty of murder.

Citation
[1996] NAHC 10
Parties
Prosecution: The State; Accused: Roderick Morkel
Court
High Court
Jurisdiction
Namibia
Judgment Date
6 June 1996
Case Number
CC 40 of 1994
Procedural Posture
Criminal / Judgment and Sentence
Outcome
Convicted of murder and sentenced to 20 years imprisonment.
Legal Topics
Murder, Circumstantial Evidence, Firearms Offences, Drug Offences, Sentencing
Source Language
English
Criminal Law Murder Circumstantial Evidence Firearms Offences Drug Offences Sentencing

Case Brief

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Parties

The State

Prosecution

Roderick Morkel

Accused

Procedural Posture

Criminal / Judgment and Sentence

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased (murder)
  2. 2 Whether the accused was guilty of the alternative charge of negligent use of a firearm
  3. 3 Whether the accused's conduct after the shooting indicated guilt

Ratio Decidendi

The court found that the accused intentionally shot the deceased following an argument, rejected the accused's version as false and improbable, and held that the only reasonable inference from the evidence, including the accused's conduct after the shooting, was that the accused was guilty of murder.

Court Disposition

Convicted of murder and sentenced to 20 years imprisonment.

Orders

  • Accused found guilty of murder.
  • Accused sentenced to 20 years imprisonment.