Trial to restart for man who strangled lover
The conviction and sentencing of a man who slapped and strangled his girlfriend until she lost consciousness was set aside yesterday and referred back to the Lüderitz Magistrate's Court.
This after the State was successful in its appeal against Magistrate Adelinuh Hailonga's decision that John Joshlyn Isaack must pay a fine of N$4 000 or serve 12 months in prison, which was entirely suspended for five years on certain conditions.
Isaack admitted that he assaulted his girlfriend in August 2019 near the Kanana Lodge in Aus and pleaded guilty to a charge of assault, but denied that he wanted to seriously injure her.
The magistrate found him guilty on a charge of assault, despite the fact that he stood trial on a charge of assault to cause serious injury read with the provisions of the law on combatting domestic violence.
Judge Philanda Christiaan delivered a verdict yesterday in the Windhoek High Court and ruled that the trial must start afresh, with Isaack now on trial for assault with the intent to seriously injure.
Appeal application
In its appeal, the State pointed out that Isaack admitted in court that he strangled his girlfriend until she passed out.
"It is argued that strangling a person until they pass out is an indication that the respondent [Isaack] intended to seriously injure the complainant," the State alleged.
It therefore argued that Hailonga made a mistake by not taking into account that Isaack's confession is an indication of assault with the intention of seriously injuring.
"When the respondent [Isaack] stated that he had no intention of seriously injuring her, but admitted that he strangled her until she lost consciousness, the magistrate should not have proceeded to convict him of common assault without giving the public prosecutor the opportunity to accept or oppose."
The State further argued that Hailonga should have stopped the proceedings and entered a plea of not guilty after Isaack said that he had no intention of seriously injuring her.
In this way, the State could be given the opportunity to provide evidence to try to prove the charge.
Defence agrees
In his main arguments, Isaack's legal representative Joseph Andreas agreed that Hailonga acted wrongly in the circumstances, that the conviction and sentence should be set aside and that the case be sent back to the magistrate's court.
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This after the State was successful in its appeal against Magistrate Adelinuh Hailonga's decision that John Joshlyn Isaack must pay a fine of N$4 000 or serve 12 months in prison, which was entirely suspended for five years on certain conditions.
Isaack admitted that he assaulted his girlfriend in August 2019 near the Kanana Lodge in Aus and pleaded guilty to a charge of assault, but denied that he wanted to seriously injure her.
The magistrate found him guilty on a charge of assault, despite the fact that he stood trial on a charge of assault to cause serious injury read with the provisions of the law on combatting domestic violence.
Judge Philanda Christiaan delivered a verdict yesterday in the Windhoek High Court and ruled that the trial must start afresh, with Isaack now on trial for assault with the intent to seriously injure.
Appeal application
In its appeal, the State pointed out that Isaack admitted in court that he strangled his girlfriend until she passed out.
"It is argued that strangling a person until they pass out is an indication that the respondent [Isaack] intended to seriously injure the complainant," the State alleged.
It therefore argued that Hailonga made a mistake by not taking into account that Isaack's confession is an indication of assault with the intention of seriously injuring.
"When the respondent [Isaack] stated that he had no intention of seriously injuring her, but admitted that he strangled her until she lost consciousness, the magistrate should not have proceeded to convict him of common assault without giving the public prosecutor the opportunity to accept or oppose."
The State further argued that Hailonga should have stopped the proceedings and entered a plea of not guilty after Isaack said that he had no intention of seriously injuring her.
In this way, the State could be given the opportunity to provide evidence to try to prove the charge.
Defence agrees
In his main arguments, Isaack's legal representative Joseph Andreas agreed that Hailonga acted wrongly in the circumstances, that the conviction and sentence should be set aside and that the case be sent back to the magistrate's court.
– [email protected]
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