S v Shikongo and Others (SA 3 of 1999) [1999] NASC 6 (7 December 1999)

S v Shikongo and Others (SA 3 of 1999) [1999] NASC 6 (7 December 1999)

The trial court erred in disregarding the admissions made by the respondents during section 119 proceedings. These admissions were admissible as informal admissions and, when considered with the other evidence, proved beyond reasonable doubt that the respondents had sexual intercourse with the complainant without...

Source-derived case information.

Citation
[1999] NASC 6
Parties
Appellant: The State; First Respondent: Hubert Shikongo; Second Respondent: Vasco Dumba; Third Respondent: Neromba David
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
7 December 1999
Case Number
SA 3 of 1999
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; convictions entered
Legal Topics
Rape, Admissions in Criminal Proceedings, Evidentiary Value of Informal Admissions, Appeal Against Acquittal
Source Language
english
Criminal Law Criminal Procedure Rape Admissions in Criminal Proceedings Evidentiary Value of Informal Admissions Appeal Against Acquittal

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Summary, issues, holding and outcome

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Parties

The State

Appellant

Hubert Shikongo

First Respondent

Vasco Dumba

Second Respondent

Neromba David

Third Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in disregarding admissions made by the respondents during section 119 proceedings
  2. 2 Whether such admissions are admissible and form part of the evidential material
  3. 3 Whether the prosecution proved rape beyond reasonable doubt

Ratio Decidendi

The trial court erred in disregarding the admissions made by the respondents during section 119 proceedings. These admissions were admissible as informal admissions and, when considered with the other evidence, proved beyond reasonable doubt that the respondents had sexual intercourse with the complainant without her consent. The prosecution established the crime of rape against all three respondents.

Court Disposition

Appeal allowed; convictions entered

Orders

  • First, second, and third respondents convicted of rape
  • Matter referred back to the trial court for sentencing after hearing evidence and/or argument