Khariseb v Ministry of Safety and Security (1) [2020] NASC 27 (1 July 2020)

Khariseb v Ministry of Safety and Security (1) [2020] NASC 27 (1 July 2020)

The majority held that, given the lack of clarity and reliability in the only direct evidence of an admission, the inconclusive forensic evidence, and the reasonable possibility that the deceased committed suicide, the State failed to prove the appellant's guilt beyond reasonable doubt. The conviction and sentence could not stand.

Citation
[2020] NASC 27
Parties
Appellant: Willem Visagie Barnard; Respondent: The State
Court
Supreme Court
Jurisdiction
Namibia
Judgment Date
1 July 2020 1 July 2020 7 May 2020
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal
Outcome
Appeal allowed (majority); conviction and sentence set aside.
Legal Topics
Murder, Burden of Proof, Admissions, Suicide as Defence, Intoxication, Domestic Violence
Source Language
English
Criminal Law Evidence Murder Burden of Proof Admissions Suicide as Defence Intoxication Domestic Violence

Case Brief

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Parties

Willem Visagie Barnard

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether there was a reasonable possibility that the deceased committed suicide
  2. 2 Whether the State proved the appellant's guilt beyond reasonable doubt
  3. 3 Admissibility and reliability of admissions made under intoxication

Ratio Decidendi

The majority held that, given the lack of clarity and reliability in the only direct evidence of an admission, the inconclusive forensic evidence, and the reasonable possibility that the deceased committed suicide, the State failed to prove the appellant's guilt beyond reasonable doubt. The conviction and sentence could not stand.

Court Disposition

Appeal allowed (majority); conviction and sentence set aside.

Orders

  • Appellant's conviction and sentence are set aside.