S v Tem and Others (CA 159 of 2007) [2009] NAHC 130 (29 May 2009)

S v Tem and Others (CA 159 of 2007) [2009] NAHC 130 (29 May 2009)

The Magistrate was entitled to reject the appellants' versions and accept the complainant's evidence, corroborated by medical and other witness testimony. The sentence of 10 years imprisonment was appropriate given the gang nature of the offence and the circumstances.

Citation
[2009] NAHC 130
Parties
Appellant: Piet Tem; Appellant: Silika Witbeen; Appellant: Thomas Simboa; Respondent: The State
Court
High Court
Jurisdiction
Namibia
Judgment Date
29 May 2009
Case Number
CA 159 of 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Appeal, Evidence Assessment, Sentencing
Source Language
English
Criminal Law Rape Appeal Evidence Assessment Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Piet Tem

Appellant

Silika Witbeen

Appellant

Thomas Simboa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for rape was supported by the evidence
  2. 2 Whether the appellants' versions should have been accepted
  3. 3 Whether the sentence imposed was appropriate

Ratio Decidendi

The Magistrate was entitled to reject the appellants' versions and accept the complainant's evidence, corroborated by medical and other witness testimony. The sentence of 10 years imprisonment was appropriate given the gang nature of the offence and the circumstances.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.