S v Hihanguapo and Another (CA 93 of 1997) [2000] NAHC 10 (28 April 2000)

S v Hihanguapo and Another (CA 93 of 1997) [2000] NAHC 10 (28 April 2000)

The magistrate erred in finding no prima facie case at the close of the State's case, as the evidence supported the inference of unlawful removal of property. The order of discharge is appealable, and the acquittal was set aside.

Source-derived case information.

Citation
[2000] NAHC 10
Parties
Appellant: The State; First Respondent: Karipo Hihanguapo; Second Respondent: Kleinman Desie
Court
High Court
Jurisdiction
Namibia
Judgment Date
28 April 2000
Case Number
CA 93 of 1997
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Appealability of Discharge, Prima Facie Case, Section 174 Discharge, Housebreaking and Theft
Source Language
english
Criminal Law Criminal Procedure Appealability of Discharge Prima Facie Case Section 174 Discharge Housebreaking and Theft

Source-derived case record

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 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

The State

Appellant

Karipo Hihanguapo

First Respondent

Kleinman Desie

Second Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the magistrate erred in acquitting the respondents at the close of the State's case for lack of a prima facie case
  2. 2 Whether the order of discharge is appealable by the State

Ratio Decidendi

The magistrate erred in finding no prima facie case at the close of the State's case, as the evidence supported the inference of unlawful removal of property. The order of discharge is appealable, and the acquittal was set aside.

Court Disposition

appeal allowed

Orders

  • Order of acquittal and discharge set aside
  • Case remitted to Magistrate's Court for trial de novo