REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK Case No: CC 5/2013 THE STATE versus WILLEM VISAGIE BARNARD Neutral citation: S v Barnard (CC 5-2013) [2015] NAHCMD 226 (24 September 2015) Coram: SHIVUTE, J Heard: 06 August 2015 Delivered: 24 September 2015 Summary: Criminal procedure Trial Application in terms of s – – 174 The test to be applied by the court is whether – there is evidence on which a reasonable court acting carefully may convict There is no specific formula or – test to be applied to all cases when deciding whether or not to discharge Each case must be decided on its – own merit. Criminal law: Trial Application in terms of s 174 Accused claiming – – defence of temporary non-pathological incapacity due to intoxication liquor combined with drugs if proper – basis is laid in the evidence for the absence of criminal
REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK Case No: CC 5/2013 THE STATE versus WILLEM VISAGIE BARNARD Neutral citation: S v Barnard (CC 5-2013) [2015] NAHCMD 226 (24 September 2015) Coram: SHIVUTE, J Heard: 06 August 2015 Delivered: 24 September 2015 Summary: Criminal procedure – Trial – Application in terms of s 174 – The test to be applied by the court is whether there is evidence on which a reasonable court acting carefully may convict – There is no specific formula or test to be applied to all cases when deciding whether or not to discharge – Each case must be decided on its own merit. Criminal law: Trial – Application in terms of s 174 – Accused claiming defence of temporary non-pathological incapacity due to intoxication liquor combined with drugs – if proper basis is laid in the evidence for the absence of criminal
S%20v%20Barnard%20(CC%205-2013)%20[2015]%20NAHCMD%20226%20(24%20September%202015).docx