CRIMINAL LAW – REVIEW – QUESTIONING IN TEMRS OF SECTION 112 OF CPA MUST ESTABLISH ELEMENTS OF THE OFFENCE
The accused pleaded guilty in the Magistrates Court of Oshakati to a charge of robbery and, after questioning in terms of Section 112(1) (b) of the CPA, was convicted as charged. The accused was sentenced to a fine of N$ 2 000 or twelve months imprisonment. The review court queried the magistrate that
- The essential elements of Robbery are (1) theft, (2) violence/threats, (3) submission and (4) intention. Which questions by the learned Magistrate covered the elements . . .