S v Patrick (CR 58 of 2022) [2022] NAHCMD 342 (1 July 2022)

S v Patrick (CR 58 of 2022) [2022] NAHCMD 342 (1 July 2022)

The evidence did not establish that the accused had the intention to kill the complainant; rather, he intended to injure her. Therefore, the conviction for attempted murder was not justified and should be substituted with assault with intent to do grievous bodily harm.

Citation
[2022] NAHCMD 342
Parties
Prosecutor: The State; Accused: Ndemena Patrick
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
1 July 2022
Case Number
CR 58 of 2022
Procedural Posture
Criminal / Review Judgment
Outcome
conviction and sentence set aside; substituted conviction; remitted for fresh sentencing
Legal Topics
Attempted Murder, Assault With Intent to Do Grievous Bodily Harm, Review Proceedings
Source Language
English
Criminal Law Attempted Murder Assault With Intent to Do Grievous Bodily Harm Review Proceedings

Case Brief

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Parties

The State

Prosecutor

Ndemena Patrick

Accused

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether the conviction for attempted murder was justified based on the evidence
  2. 2 Whether the accused had the intention to kill or only to cause grievous bodily harm

Ratio Decidendi

The evidence did not establish that the accused had the intention to kill the complainant; rather, he intended to injure her. Therefore, the conviction for attempted murder was not justified and should be substituted with assault with intent to do grievous bodily harm.

Court Disposition

conviction and sentence set aside; substituted conviction; remitted for fresh sentencing

Orders

  • The conviction and sentence are set aside
  • The accused is convicted of assault with intent to do grievous bodily harm