S v Kashala (CC 5 of 2005) [2005] NAHC 40 (26 October 2005)

S v Kashala (CC 5 of 2005) [2005] NAHC 40 (26 October 2005)

The court found that the accused's version was not reasonably possibly true, that the confession was admissible and corroborated by other evidence, and that the accused intentionally killed the deceased by stabbing her 35 times. The accused's lies and lack of explanation for the locked room further supported the State's case. The court was satisfied that the State proved murder beyond reasonable doubt.

Citation
[2005] NAHC 40
Parties
Prosecution: The State; Accused: Immanuel Kashala
Court
High Court
Jurisdiction
Namibia
Judgment Date
26 October 2005
Case Number
CC 5 of 2005
Procedural Posture
Criminal / Judgment and Sentence
Outcome
Conviction and sentence upheld
Legal Topics
Murder, Confession, Sentencing, Evidence, Violence Against Women
Source Language
English
Criminal Law Murder Confession Sentencing Evidence Violence Against Women

Case Brief

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Parties

The State

Prosecution

Immanuel Kashala

Accused

Procedural Posture

Criminal / Judgment and Sentence

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased
  2. 2 Admissibility and effect of confession
  3. 3 Credibility of witnesses and accused's version

Ratio Decidendi

The court found that the accused's version was not reasonably possibly true, that the confession was admissible and corroborated by other evidence, and that the accused intentionally killed the deceased by stabbing her 35 times. The accused's lies and lack of explanation for the locked room further supported the State's case. The court was satisfied that the State proved murder beyond reasonable doubt.

Court Disposition

Conviction and sentence upheld

Orders

  • Accused convicted of murder
  • Accused sentenced to 21 years imprisonment