S v Namises (CRIMINAL 2 of 2011) [2011] NAHC 24 (14 February 2011)

S v Namises (CRIMINAL 2 of 2011) [2011] NAHC 24 (14 February 2011)

The crime of arson can only be committed in respect of immovable property. Since the items set on fire were movable, the conviction for arson was improper and must be set aside.

Citation
[2011] NAHC 24
Parties
Plaintiff: The State; Defendant: Magdalena Namises
Court
High Court
Jurisdiction
Namibia
Judgment Date
14 February 2011
Case Number
CRIMINAL 2 of 2011
Procedural Posture
Criminal / Review Judgment
Outcome
conviction and sentence set aside
Legal Topics
Arson, Malicious Damage to Property, Elements of Offence
Source Language
English
Criminal Law Arson Malicious Damage to Property Elements of Offence

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Parties

The State

Plaintiff

Magdalena Namises

Defendant

Procedural Posture

Criminal / Review Judgment

Legal Issues

  1. 1 Whether arson can be committed in respect of movable property
  2. 2 Whether the conviction for arson was proper given the facts
  3. 3 Whether the record supports a conviction for malicious damage to property

Ratio Decidendi

The crime of arson can only be committed in respect of immovable property. Since the items set on fire were movable, the conviction for arson was improper and must be set aside.

Court Disposition

conviction and sentence set aside

Orders

  • The conviction and sentence are set aside.