S v Nangombe (1) (CC 58 of 1993) [1993] NAHC 15 (3 May 1993)

S v Nangombe (1) (CC 58 of 1993) [1993] NAHC 15 (3 May 1993)

The accused was found guilty on the main count of theft and unlawful possession of rough and uncut diamonds on Count 2 based on credible and corroborated evidence from the trap witness and supporting officers. The accused was acquitted on Count 1 and its alternative due to the State's failure to prove the substance in the first parcel was rough and uncut diamonds and the possibility that the parcel was valueless or a test.

Citation
[1993] NAHC 15
Parties
Prosecution: The State; Accused: Reinholdt Danke Nangombe
Court
High Court
Jurisdiction
Namibia
Judgment Date
3 May 1993
Case Number
CC 58 of 1993
Procedural Posture
Criminal / Judgment
Outcome
Conviction on Count 2, Acquittal on Count 1 and alternative
Legal Topics
Theft, Possession of Uncut Diamonds, Evidentiary Rules, Trapping Evidence
Source Language
English
Criminal Law Theft Possession of Uncut Diamonds Evidentiary Rules Trapping Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

The State

Prosecution

Reinholdt Danke Nangombe

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused stole rough and uncut diamonds from his employer
  2. 2 Whether the accused was in unlawful possession of rough and uncut diamonds
  3. 3 Admissibility and reliability of evidence from a trap/accomplice

Ratio Decidendi

The accused was found guilty on the main count of theft and unlawful possession of rough and uncut diamonds on Count 2 based on credible and corroborated evidence from the trap witness and supporting officers. The accused was acquitted on Count 1 and its alternative due to the State's failure to prove the substance in the first parcel was rough and uncut diamonds and the possibility that the parcel was valueless or a test.

Court Disposition

Conviction on Count 2, Acquittal on Count 1 and alternative

Orders

  • Accused found not guilty and discharged on Count 1 and the alternative charge.
  • Accused found guilty on Count 2 as charged.