S v Strauss (2) (CRIMINAL 14 of 2011) [2011] NAHC 52 (23 February 2011)

The accused did not admit all elements of the offence; the magistrate should have entered a plea of not guilty and allowed the trial to proceed.

Citation: [2011] NAHC 52
Parties: Prosecutor: The State; Accused: Roshida Strauss
Court: High Court
Jurisdiction: Namibia
Judgment Date: 23 February 2011
Case Number: CRIMINAL 14 of 2011
Procedural Posture: Criminal Review / Review Judgment
Outcome: Conviction and sentence set aside.
Legal Topics: Falsifying Licence Disk, Plea Procedure, Conviction on Guilty Plea
Source Language: English

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The State

Prosecutor

Roshida Strauss

Accused

Criminal Review / Review Judgment

1 Whether the accused admitted all elements of the offence during plea questioning
2 Whether the magistrate should have entered a plea of not guilty under section 113 of the Criminal Procedure Act

The accused did not admit all elements of the offence; the magistrate should have entered a plea of not guilty and allowed the trial to proceed.

Conviction and sentence set aside.

Matter remitted to the Magistrate’s Court Rehoboth for compliance with section 113 of the Criminal Procedure Act, 51 of 1977.