S v Doeseb (1) (CC 123 of 1996) [1996] NAHC 18 (19 August 1996)

S v Doeseb (1) (CC 123 of 1996) [1996] NAHC 18 (19 August 1996)

The State proved beyond reasonable doubt that the accused raped the complainant, a 6-year-old child, based on her credible evidence, immediate report, medical findings of partial penetration and injury, and the accused's own plea and statement, with no credible alternative explanation from the accused.

Citation
[1996] NAHC 18
Parties
Prosecutor: The State; Accused: Dawid Doeseb
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 August 1996
Case Number
CC 123 of 1996
Procedural Posture
Criminal / Judgment
Outcome
Guilty as charged
Legal Topics
Rape, Sexual Offences, Evidence, Penetration, Corroboration
Source Language
English
Criminal Law Rape Sexual Offences Evidence Penetration Corroboration

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Prosecutor

Dawid Doeseb

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused raped the complainant as charged
  2. 2 Whether there was sufficient evidence of penetration
  3. 3 Whether the complainant's evidence was credible and corroborated

Ratio Decidendi

The State proved beyond reasonable doubt that the accused raped the complainant, a 6-year-old child, based on her credible evidence, immediate report, medical findings of partial penetration and injury, and the accused's own plea and statement, with no credible alternative explanation from the accused.

Court Disposition

Guilty as charged