S v Groenewald (CRIMINAL 31 of 2013) [2013] NAHCMD 119 (3 May 2013)


R

NOT REPORTABLE

EPUBLIC 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.



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ORDER

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(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.


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JUDGMENT

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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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Cited documents 1

Legislation 1
  1. Criminal Procedure Act, 1977

Documents citing this one 0