№ files_lp_4_process_3_132857
High Court review judgment addressing whether a magistrate properly established the element of intention during section 112(1)(b) questioning after a guilty plea for unlawful possession of cannabis and ordering that the conviction and sentence be set aside and the matter returned for further questioning.
Country: Namibia
Court: High Court of Namibia, Main Division Windhoek
Case number: CR 55/2014
High Court review reference number: 509/2014
Neutral citation: S v Hendricks (CR 55-2014) [2014] NAHCMD 280
Date delivered: 26 September 2014
Judges: EPB Hoff J; H Angula AJ
Parties: The State v Jonas Hendricks
Type of document: Judicial review judgment
Legal field: Criminal law
Legislation cited: Criminal Procedure Act 51 of 1977; Abuse of Dependence-Producing Substances and Rehabilitation Centres Act 41 of 1971
Offence: Unlawful possession of cannabis
Substance involved: Cannabis (3,875 kg)
Lower court: Magistrate Court
Procedural posture: Automatic review of conviction and sentence
Key legal issue: Whether the element of intention was properly established during questioning under section 112(1)(b) of the Criminal Procedure Act
Outcome: Conviction and sentence set aside and matter remitted for further questioning
Jurisdiction: Namibia
Price: 8 / 10 USD
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