NOT REPORTABLE

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

JUDGMENT
	Case no: CA  126/2013

In the matter between:

PETER  EMVULA	APPELLANT
and
THE STATE	RESPONDENT

Neutral citation:	Emvula v State (CA 126/2013) [2014] NAHCMD 77 (28 February 2014)

Coram:	HOFF J and SIBOLEKA J

Heard:			28 February 2014
Delivered:			28 February 2014	(Ex tempore)
Judg. made available:	11 March 2014

ORDER

The conviction and sentence are set aside.

JUDGMENT

HOFF J (SIBOLEKA J concurring):

[1]	The appellant in this matter was convicted in the magistrate court of the offence of contravening s 51 of the Criminal Procedure Act 51 of 1977 namely, escaping from lawful custody and sentenced to seven months imprisonment.  

[2]	The submission by Ms Blaauw, counsel appearing on behalf of the appellant, amicus curiae is to the effect that there was no evidence placed before the court a quo to prove that the detention of the appellant was lawful.  

[3]	Counsel appearing on behalf of the respondent in this matter Mr Nyambe, is in agreement. The court having perused the documents filed agrees that such evidence is absent.

[4]	In the result the following order is made:

The conviction and sentence are set aside.

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E P B  HOFF
Judge

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A M  SIBOLEKA
Judge

APPEARANCES

APPELLANT	:	                	S L  Blaauw
	Amicus curiae,  Sharon Blaauw Attorneys

RESPONDENT:	S R  Nyambe
	Office of the Prosecutor-General, Windhoek