REPUBLIC OF NAMIBIA HIGH OF NAMIBIA MAIN DIVISION, WINDHOEK Case No: CC 48/2009 THE STATE versus QUINTON PIETERS Neutral citation: S v Pieters (CC 48/2009) [2015]NAHCMD 38 (3 March 2015) SHIVUTE, J Heard: 19 22 November 2011; 27 30 November 2011; 26 June 2012 – – – 06 July 2012; 2 August 2012; 5 December 2012; 10 April 2013; 1 July 2013; 31 October 2013; 22 25 April 2014; 12 November 2014. – Delivered: 3 March 2015 Fly note: Evidence Single witness Young children Cautionary rules – – – – Court may convict on evidence of a single witness if clear and satisfactory in material respects Cautionary rules Not applied – – in formalistic way Court may convict on evidence of young – children if satisfied that the child is able to comprehend the – truth possess intelligence Able to remember and recollect the – – event Evidence to be assessed in its totality. – Criminal Procedure: Dock identification Witness identifying the accused – in Court No identification parade held Accused refusing to – –
REPUBLIC OF NAMIBIA HIGH OF NAMIBIA MAIN DIVISION, WINDHOEK Case No: CC 48/2009 THE STATE versus QUINTON PIETERS Neutral citation: S v Pieters (CC 48/2009) [2015]NAHCMD 38 (3 March 2015) SHIVUTE, J Heard: 19 – 22 November 2011; 27 – 30 November 2011; 26 June 2012 – 06 July 2012; 2 August 2012; 5 December 2012; 10 April 2013; 1 July 2013; 31 October 2013; 22 – 25 April 2014; 12 November 2014. Delivered: 3 March 2015 Fly note: Evidence – Single witness – Young children – Cautionary rules – Court may convict on evidence of a single witness if clear and satisfactory in material respects – Cautionary rules – Not applied in formalistic way – Court may convict on evidence of young children – if satisfied that the child is able to comprehend the truth – possess intelligence – Able to remember and recollect the event – Evidence to be assessed in its totality. Criminal Procedure: Dock identification – Witness identifying the accused in Court – No identification parade held – Accused refusing to
S%20v%20Pieters%20(CC%2048-2009)%20[2015]NAHCMD%2038%20(3%20March%202015).docx