S v Valombola (8) (CC 18 of 2019) [2021] NAHCMD 105 (10 March 2021)

S v Valombola (8) (CC 18 of 2019) [2021] NAHCMD 105 (10 March 2021)

The State has established a prima facie case against the accused on both counts. There is evidence on which a reasonable court may convict, and the quality of the State's evidence is not so poor or contradictory as to warrant a discharge. The standard of proof at this stage is prima facie evidence, not proof beyond...

Source-derived case information.

Citation
[2021] NAHCMD 105
Parties
Prosecution: The State; Accused: Likius Valombola
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
10 March 2021
Case Number
CC 18 of 2019
Procedural Posture
Criminal / Ruling on Application for Discharge at Close of State Case (section 174 Criminal Procedure Act)
Outcome
Application for discharge dismissed; accused placed on his defence on both counts.
Legal Topics
Murder, Discharging Firearm in Public, Application for Discharge, Prima Facie Case, Standard of Proof
Source Language
english
Criminal Law Murder Discharging Firearm in Public Application for Discharge Prima Facie Case Standard of Proof

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Parties

The State

Prosecution

Likius Valombola

Accused

Procedural Posture

Criminal / Ruling on Application for Discharge at Close of State Case (section 174 Criminal Procedure Act)

Legal Issues

  1. 1 Whether there is prima facie evidence on which a reasonable court may convict the accused of murder and discharging a firearm in public
  2. 2 Whether the State's evidence is so weak or contradictory that no reasonable court could convict
  3. 3 Whether the standard of proof at this stage is prima facie evidence or proof beyond reasonable doubt

Ratio Decidendi

The State has established a prima facie case against the accused on both counts. There is evidence on which a reasonable court may convict, and the quality of the State's evidence is not so poor or contradictory as to warrant a discharge. The standard of proof at this stage is prima facie evidence, not proof beyond reasonable doubt.

Court Disposition

Application for discharge dismissed; accused placed on his defence on both counts.

Orders

  • The application in terms of section 174 is hereby dismissed.