S v Drayer and Another (1 of 1990) [1990] NASC 4 (12 November 1990)

S v Drayer and Another (1 of 1990) [1990] NASC 4 (12 November 1990)

The appellants' statements, including their insistence on an intention to pay and lack of intent to defraud, created doubt as to whether they made unequivocal admissions of guilt. The Magistrate should have altered the plea to not guilty under Section 113, and the order for retrial was correct.

Citation
[1990] NASC 4
Parties
First Appellant: Werner Drayer; Second Appellant: Dawid Benjamin Majiedt; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
12 November 1990
Case Number
1 of 1990
Procedural Posture
Criminal Appeal / Appeal Judgment From Order Setting Aside Conviction and Sentence, Remitting for Retrial
Outcome
Appeal dismissed
Legal Topics
Fraud, Plea Procedure, Mens Rea, Section 112(2) Criminal Procedure Act, Section 113 Criminal Procedure Act
Source Language
English
Criminal Law Fraud Plea Procedure Mens Rea Section 112(2) Criminal Procedure Act Section 113 Criminal Procedure Act

Case Brief

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Parties

Werner Drayer

First Appellant

Dawid Benjamin Majiedt

Second Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment From Order Setting Aside Conviction and Sentence, Remitting for Retrial

Legal Issues

  1. 1 Whether the appellants made an unequivocal admission of guilt under Section 112(2) of the Criminal Procedure Act
  2. 2 Whether the Magistrate erred by not altering the plea to not guilty under Section 113
  3. 3 Whether the intention to pay negates the mens rea for fraud

Ratio Decidendi

The appellants' statements, including their insistence on an intention to pay and lack of intent to defraud, created doubt as to whether they made unequivocal admissions of guilt. The Magistrate should have altered the plea to not guilty under Section 113, and the order for retrial was correct.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.