S v Shikongo (2) (CA 47 of 2010) [2011] NAHC 226 (28 July 2011)

The facts found proved did not establish the elements of robbery or that the appellant made common cause in the assault; thus, convictions and sentences for those counts were set aside.

Citation: [2011] NAHC 226
Parties: Appellant: Tangeni Shikongo; Respondent: The State
Court: High Court
Jurisdiction: Namibia
Judgment Date: 28 July 2011
Case Number: CA 47 of 2010
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal partially allowed
Legal Topics: Robbery, Housebreaking, Theft, Assault With Intent to Do Grievous Bodily Harm, Appeals, Review Powers
Source Language: English

Criminal Law Robbery Housebreaking Theft Assault With Intent to Do Grievous Bodily Harm Appeals Review Powers

Case Brief

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Parties

Tangeni Shikongo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the facts proved support convictions for robbery with aggravating circumstances and assault with intent to do grievous bodily harm
2 Whether the appellant made common cause with his co-accused in the assault

Ratio Decidendi

The facts found proved did not establish the elements of robbery or that the appellant made common cause in the assault; thus, convictions and sentences for those counts were set aside.

Court Disposition

appeal partially allowed

Orders

Convictions and sentences for robbery with aggravating circumstances and assault with intent to do grievous bodily harm are set aside
Conviction and sentence for housebreaking with intent to steal and theft are confirmed