S v Roux (CC 2 of 2005) [2006] NAHCMD 319 (13 September 2006)

S v Roux (CC 2 of 2005) [2006] NAHCMD 319 (13 September 2006)

The N$100 notes and one R100 note were proceeds of an illegal transaction intended to obstruct justice and are forfeited to the State under section 34(1)(c). The N$50 note and items bought by complainants with the money are not subject to forfeiture and must be returned, as criminal proceedings were not instituted in connection with those items and they are not instruments of the offence.

Citation
[2006] NAHCMD 319
Parties
Prosecutor: The State; Accused: Abraham Johannes Roux
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
13 September 2006
Case Number
CC 2 of 2005
Procedural Posture
Criminal / Application for Forfeiture After Conviction and Before Sentencing
Outcome
Partly granted, partly refused
Legal Topics
Forfeiture of Property, Illegality of Contracts, Possession of Proceeds of Crime
Source Language
English
Criminal Law Criminal Procedure Forfeiture of Property Illegality of Contracts Possession of Proceeds of Crime

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Parties

The State

Prosecutor

Abraham Johannes Roux

Accused

Procedural Posture

Criminal / Application for Forfeiture After Conviction and Before Sentencing

Legal Issues

  1. 1 Whether the seized money and items purchased with it should be forfeited to the State or returned to the complainants under sections 34 and 35 of the Criminal Procedure Act

Ratio Decidendi

The N$100 notes and one R100 note were proceeds of an illegal transaction intended to obstruct justice and are forfeited to the State under section 34(1)(c). The N$50 note and items bought by complainants with the money are not subject to forfeiture and must be returned, as criminal proceedings were not instituted in connection with those items and they are not instruments of the offence.

Court Disposition

Partly granted, partly refused

Orders

  • Bank notes listed in Exhibit C, E, F and N$100 notes in Exhibit D (Annexure A) forfeited to the State.
  • N$50 note marked T1237710 (Exhibit D) returned to CH.