S v Tjihorero and Another (CA 21 of 1993) [1993] NAHC 8 (29 October 1993)

S v Tjihorero and Another (CA 21 of 1993) [1993] NAHC 8 (29 October 1993)

The confession of accused no. 2 was admissible as it was made voluntarily and without undue influence. The confession of accused no. 1 was inadmissible as it was obtained through improper inducement by a police officer, and the State failed to prove beyond reasonable doubt that it was made freely and voluntarily.

Citation
[1993] NAHC 8
Parties
First Appellant: Gustav Tjihorero; Second Appellant: Andrew Komponda; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
29 October 1993
Case Number
CA 21 of 1993
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal of accused no. 1 upheld; convictions and sentences set aside. Appeal of accused no. 2 dismissed.
Legal Topics
Admissibility of Confessions, Undue Influence, Voluntariness of Statements
Source Language
English
Criminal Law Evidence Admissibility of Confessions Undue Influence Voluntariness of Statements

Case Brief

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Parties

Gustav Tjihorero

First Appellant

Andrew Komponda

Second Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the confessions made by the accused were admissible under section 217 of Act 51 of 1977
  2. 2 Whether the confessions were made freely, voluntarily, and without undue influence

Ratio Decidendi

The confession of accused no. 2 was admissible as it was made voluntarily and without undue influence. The confession of accused no. 1 was inadmissible as it was obtained through improper inducement by a police officer, and the State failed to prove beyond reasonable doubt that it was made freely and voluntarily.

Court Disposition

Appeal of accused no. 1 upheld; convictions and sentences set aside. Appeal of accused no. 2 dismissed.

Orders

  • The appeal of accused no. 1 is upheld and the convictions and sentences are set aside.
  • The appeal of accused no. 2 is dismissed.