S v Nanyemba (2) (CC 12 of 2018) [2021] NAHCMD 20 (9 March 2021)

S v Nanyemba (2) (CC 12 of 2018) [2021] NAHCMD 20 (9 March 2021)

The court found that the prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with immediate personal violence in Count 1, resulting in an acquittal. On Count 2, the court found a reasonable possibility that the accused believed he was acting in self-defence but acted negligently, thus convicting him of culpable homicide. On Counts 3 and 4, the court found the accused guilty of assault by threat, as the complainants were threatened and afraid, though not with a panga as alleged.

Citation
[2021] NAHCMD 20
Parties
Prosecution: The State; Accused: Malakia Penda Nanyemba
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
9 March 2021 9 March 2021 15 January 2021
Case Number
CC 12 of 2018
Procedural Posture
Criminal / Judgment on Conviction, Pending Sentencing
Outcome
Conviction and acquittal on different counts; matter postponed for sentencing.
Legal Topics
Culpable Homicide, Assault by Threat, Self Defence, Burden of Proof
Source Language
English
Criminal Law Culpable Homicide Assault by Threat Self Defence Burden of Proof

Case Brief

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Parties

The State

Prosecution

Malakia Penda Nanyemba

Accused

Procedural Posture

Criminal / Judgment on Conviction, Pending Sentencing

Legal Issues

  1. 1 Whether the accused is guilty of assault by threat (Count 1)
  2. 2 Whether the accused is guilty of murder or culpable homicide (Count 2)
  3. 3 Whether the accused is guilty of assault by threat (Counts 3 and 4)

Ratio Decidendi

The court found that the prosecution failed to prove beyond reasonable doubt that the accused threatened the complainant with immediate personal violence in Count 1, resulting in an acquittal. On Count 2, the court found a reasonable possibility that the accused believed he was acting in self-defence but acted negligently, thus convicting him of culpable homicide. On Counts 3 and 4, the court found the accused guilty of assault by threat, as the complainants were threatened and afraid, though not with a panga as alleged.

Court Disposition

Conviction and acquittal on different counts; matter postponed for sentencing.

Orders

  • Count 1: Not Guilty
  • Count 2: Guilty of Culpable Homicide