R NOT REPORTABLE
HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK
JUDGMENT
Case no: CA 126/2013
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.
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E P B HOFF
Judge
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A M SIBOLEKA
Judge
APPEARANCES
APPELLANT : S L Blaauw
Amicus curiae, Sharon Blaauw Attorneys
RESPONDENT: S R Nyambe
Office of the Prosecutor-General, Windhoek