S v Teek (1) (SA 44 of 2008) [2009] NASC 5 (28 April 2009)

S v Teek (1) (SA 44 of 2008) [2009] NASC 5 (28 April 2009)

The trial court failed to properly apply its mind to the evidence, particularly in relation to the charges of kidnapping, by disregarding credible evidence from the child witnesses and misapplying the test under s 174. There was evidence upon which a reasonable court might convict on all charges except possibly abduction. The discharge and acquittal were therefore set aside and the matter referred back for continuation.

Citation
[2009] NASC 5
Parties
Appellant: The State; Respondent: Pio Marapi Teek
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
28 April 2009
Case Number
SA 44 of 2008
Procedural Posture
Criminal Appeal / Appeal Against Discharge at Close of Prosecution Case
Outcome
appeal upheld
Legal Topics
Discharge at Close of Prosecution Case, Credibility of Witnesses, Abduction, Kidnapping, Sexual Offences Against Minors
Source Language
English
Criminal Law Criminal Procedure Discharge at Close of Prosecution Case Credibility of Witnesses Abduction Kidnapping Sexual Offences Against Minors

Case Brief

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Parties

The State

Appellant

Pio Marapi Teek

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Discharge at Close of Prosecution Case

Legal Issues

  1. 1 Whether the trial court erred in discharging the accused under s 174 of the Criminal Procedure Act 51 of 1977 at the close of the State's case
  2. 2 Whether there was evidence upon which a reasonable court might convict the accused on charges including kidnapping, abduction, and sexual offences

Ratio Decidendi

The trial court failed to properly apply its mind to the evidence, particularly in relation to the charges of kidnapping, by disregarding credible evidence from the child witnesses and misapplying the test under s 174. There was evidence upon which a reasonable court might convict on all charges except possibly abduction. The discharge and acquittal were therefore set aside and the matter referred back for continuation.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The discharge and acquittal of the respondent on counts 1, 2, 3, 4, 6 and 8, in respect of both the main and alternative charges, is set aside.