S v Ndikwetepo and Others (2) (CC 61 of 1992) [1992] NAHC 4 (24 August 1992)

S v Ndikwetepo and Others (2) (CC 61 of 1992) [1992] NAHC 4 (24 August 1992)

The court found that the accused were properly identified as perpetrators of the various offences through credible witness testimony, properly conducted identification parades, and corroborating physical evidence. The court held that the accused acted with common purpose in the commission of the offences. Where intent to kill was proven, convictions for both robbery and attempted murder were justified and did not constitute duplication of convictions. The court rejected the accused's alibi defences and found the explanations for their presence at the scenes to be fabricated. The court acquitted on charges where identification or intent was not proven beyond reasonable doubt.

Citation
[1992] NAHC 4
Parties
Prosecution: The State; Accused 1: Paulus Ndikwete Po; Accused 2: Primus Angula; Accused 3: Matheus Tjapa; Accused 4: Mwooma Nghihalemhote; Accused 5: Michael Angula; Accused 6: Venasius Ameho; Accused 7: Martin Kadwika
Court
High Court
Jurisdiction
Namibia
Judgment Date
24 August 1992
Case Number
CC 61 of 1992
Procedural Posture
Criminal / Judgment
Outcome
Conviction and acquittal on various charges as detailed in the judgment.
Legal Topics
Robbery With Aggravating Circumstances, Attempted Murder, Assault With Intent to Cause Grievous Bodily Harm, Escape From Lawful Custody, Impersonating a Police Officer, Identification Parades, Common Purpose, Duplication of Convictions
Source Language
English
Criminal Law Robbery With Aggravating Circumstances Attempted Murder Assault With Intent to Cause Grievous Bodily Harm Escape From Lawful Custody Impersonating a Police Officer Identification Parades Common Purpose +1 more

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Parties

The State

Prosecution

Paulus Ndikwete Po

Accused 1

Primus Angula

Accused 2

Matheus Tjapa

Accused 3

Mwooma Nghihalemhote

Accused 4

Michael Angula

Accused 5

Venasius Ameho

Accused 6

Martin Kadwika

Accused 7

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused were properly identified as perpetrators of the various offences
  2. 2 Whether the accused acted with common purpose in the commission of the offences
  3. 3 Whether there was a duplication of convictions in respect of robbery and assault/attempted murder charges

Ratio Decidendi

The court found that the accused were properly identified as perpetrators of the various offences through credible witness testimony, properly conducted identification parades, and corroborating physical evidence. The court held that the accused acted with common purpose in the commission of the offences. Where intent to kill was proven, convictions for both robbery and attempted murder were justified and did not constitute duplication of convictions. The court rejected the accused's alibi defences and found the explanations for their presence at the scenes to be fabricated. The court acquitted on charges where identification or intent was not proven beyond reasonable doubt.

Court Disposition

Conviction and acquittal on various charges as detailed in the judgment.

Orders

  • Accused 1, 6, and 7 convicted on charges 10 and 11 (robbery with aggravating circumstances against Mr and Mrs De Lange); accused 1 convicted on charge 12 (attempted murder of Mr De Lange); all three convicted on charge 13 (theft of sheep).
  • Accused 3, 4, and 5 convicted on charge 8 (robbery with aggravating circumstances against Mr Voigts); acquitted on charge 9 (attempted murder of Mr Voigts).