S v Uirab (2) (CC 21 of 2009) [2010] NAHC 132 (4 October 2010)

S v Uirab (2) (CC 21 of 2009) [2010] NAHC 132 (4 October 2010)

The accused exceeded the bounds of self-defence and realized the reasonable possibility that his actions could cause death but was reckless as to the result. The State proved beyond reasonable doubt that the accused had intention to kill in the form of dolus eventualis. The accused is guilty of murder with intent and of attempting to defeat or obstruct the course of justice.

Citation
[2010] NAHC 132
Parties
Prosecutor: The State; Accused: Michael Uirab
Court
High Court
Jurisdiction
Namibia
Judgment Date
4 October 2010
Case Number
CC 21 of 2009
Procedural Posture
Criminal / Judgment After Trial
Outcome
Convicted
Legal Topics
Murder, Culpable Homicide, Self Defence, Defeating or Obstructing the Course of Justice, Domestic Violence
Source Language
English
Criminal Law Murder Culpable Homicide Self Defence Defeating or Obstructing the Course of Justice Domestic Violence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The State

Prosecutor

Michael Uirab

Accused

Procedural Posture

Criminal / Judgment After Trial

Legal Issues

  1. 1 Whether the accused acted with intent to kill (dolus eventualis) or negligently (culpable homicide)
  2. 2 Whether the accused exceeded the bounds of self-defence
  3. 3 Whether the accused is guilty of defeating or obstructing the course of justice

Ratio Decidendi

The accused exceeded the bounds of self-defence and realized the reasonable possibility that his actions could cause death but was reckless as to the result. The State proved beyond reasonable doubt that the accused had intention to kill in the form of dolus eventualis. The accused is guilty of murder with intent and of attempting to defeat or obstruct the course of justice.

Court Disposition

Convicted

Orders

  • Accused convicted of murder with intention to kill (dolus eventualis) read with the Combating of Domestic Violence Act, 4 of 2003.
  • Accused convicted of attempting to defeat or obstruct the course of justice.