Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2013
Abstract
The respondent was charged with hunting huntable game and unlawful transportation of game meat without a permit. At the close of the State’s case, the magistrate, in accordance with section 174 of the Criminal Procedure Act, 51 of 1977, discharged the respondent. On appeal, the High Court set aside the discharge and remitted the matter to the magistrate’s court for the trial to be conducted de novo.
Language of document
English
Reference number
[2013] NAHCMD 321
Species
Transnational
No
Decision
The High Court set aside the discharge and remitted the matter to the magistrate’s court for the trial to be conducted de novo. The presiding Judges were of the opinion that there was no basis for the magistrate to have discharged the respondent at the close of the State’s case in terms of section 174 of the Criminal Procedure Act.
Appealed
Yes
Penalty
Penalty Imprisonment: N/A Fine: N/A Community service: N/A Probation: N/A Other: N/A Effect of penalty Suspended: N/A Backdated: N/A
Court cases cited
State v Teek 2009 (1) NR 127 (SC)
Legislation cited
Criminal Procedure Act, No. 51 of 1977