REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

JUDGMENT

Case no: CA 126/2013

DATE: 28 FEBRUARY 2014

NOT REPORTABLE

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.

E P B HOFF

Judge

A M SIBOLEKA

Judge

APPEARANCES

APPELLANT : S L Blaauw

Amicus curiae, Sharon Blaauw Attorneys

RESPONDENT: S R Nyambe

Office of the Prosecutor-General, Windhoek