S v Tjikuzu (1) (CC 48 of 1996) [1996] NAHC 12 (19 June 1996)

S v Tjikuzu (1) (CC 48 of 1996) [1996] NAHC 12 (19 June 1996)

The accused's explanations for the shooting were found to be false and inconsistent with the medical and police evidence. The court concluded that the accused shot the deceased in the back at close range, and that by firing the pistol under such circumstances, the accused must have appreciated the real likelihood of causing death or serious injury, thus acting with constructive intent (dolus eventualis).

Citation
[1996] NAHC 12
Parties
Prosecution: The State; Accused: Andreas Tjikuzu
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 June 1996
Case Number
CC 48 of 1996
Procedural Posture
Criminal / Judgment After Full Trial
Outcome
Guilty of murder with constructive intent (dolus eventualis)
Legal Topics
Murder, Dolus Eventualis, Constructive Intent, Firearm Offences, Evidentiary Inference
Source Language
English
Criminal Law Murder Dolus Eventualis Constructive Intent Firearm Offences Evidentiary Inference

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Prosecution

Andreas Tjikuzu

Accused

Procedural Posture

Criminal / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Whether the accused's explanation for the shooting was credible
  3. 3 Whether the accused acted with constructive intent (dolus eventualis)

Ratio Decidendi

The accused's explanations for the shooting were found to be false and inconsistent with the medical and police evidence. The court concluded that the accused shot the deceased in the back at close range, and that by firing the pistol under such circumstances, the accused must have appreciated the real likelihood of causing death or serious injury, thus acting with constructive intent (dolus eventualis).

Court Disposition

Guilty of murder with constructive intent (dolus eventualis)