S v Groenewald (CR: 31/2013) [2013] NAHCMD 119 (03 May 2013);

Group

Full judgment

NOT REPORTABLE

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK


JUDGMENT

Case no: CR: 31/2013


In the matter between:


THE STATE

and

ALBERTO-B GROENEWALD .......................................................................ACCUSED

(HIGH COURT MAIN DIVISION REVIEW REF NO. 519/2013)


Neutral citation: State v Groenewald (CR 31/2013) [2013] NAHCMD 119 (03 May 2013)



Coram: HOFF J and UNENGU AJ


Delivered: 03 May 2013



Summary: Questioning by magistrate in terms of section 112(1)(b) of Act 51 of 1977 incomplete – Magistrate did not question the accused in respect of the element of intention – Conviction and sentence set aside and matter referred back to magistrate to question accused on the issue of intention.



ORDER

(a) The conviction and sentence are set aside.


(b) The matter is referred back to the magistrate in order to question the accused in respect of the element of intention.


JUDGMENT


HOFF J (UNENGU AJ concurring):


[1] The accused was convicted of the crime of housebreaking with intent to steal and theft and sentenced to 9 months imprisonment of which 5 months imprisonment were suspended on certain conditions.


[2] The accused pleaded guilty and was questioned in terms of the provisions of section 112(1)(b) of Act 51 of 1977.


[3] I directed the following query to the magistrate:


Did the questioning in terms of section 112(1)(b) establish why the goods had been removed ?’


[4] The magistrate in his reply conceded that the questioning did not cover the element of intention.


[5] In the result the following orders are made:


  1. The conviction and sentence are set aside.


  1. The matter is referred back to the magistrate in order to question the accused in respect of the element of intention.







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E P B HOFF

Judge







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E P UNENGU

Acting Judge



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