S v Williams (Review Judgment) (CRIMINAL 73 of 2007) [2007] NAHC 26 (4 June 2007)

The accused's explanation that he was hiding and did not intend to trespass could reasonably possibly be true, demonstrating absence of mens rea; therefore, conviction cannot stand.

Citation: [2007] NAHC 26
Parties: Prosecution: The State; Accused: Henock Williams
Court: High Court
Jurisdiction: Namibia
Judgment Date: 4 June 2007
Case Number: CRIMINAL 73 of 2007
Procedural Posture: Criminal Review / Review Judgment
Outcome: conviction and sentence set aside
Legal Topics: Trespass, Mens Rea, Statutory Offences
Source Language: English

Criminal Law Trespass Mens Rea Statutory Offences

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Parties

The State

Prosecution

Henock Williams

Accused

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

1 Whether the accused possessed the requisite mens rea (intention) for the offence of trespass under s. 1 of the Trespass Ordinance, 1962.

Ratio Decidendi

The accused's explanation that he was hiding and did not intend to trespass could reasonably possibly be true, demonstrating absence of mens rea; therefore, conviction cannot stand.

Court Disposition

conviction and sentence set aside