S v Kaulinge (CC 14 of 2007) [2007] NAHC 30 (19 April 2007)

S v Kaulinge (CC 14 of 2007) [2007] NAHC 30 (19 April 2007)

The accused was negligent in failing to seek medical assistance for her newborn and in burying the baby, actions which led to the baby's death by head injury and asphyxia. The evidence did not prove intent to kill, but established negligence sufficient for culpable homicide. The accused was also guilty of concealment of birth.

Citation
[2007] NAHC 30
Parties
Prosecution: THE STATE; Accused: ESTHER KAULINGE
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 April 2007
Case Number
CC 14 of 2007
Procedural Posture
Criminal / Judgment and Sentencing
Outcome
conviction and sentencing
Legal Topics
Culpable Homicide, Concealment of Birth, Negligence, Sentencing
Source Language
English
Criminal Law Culpable Homicide Concealment of Birth Negligence Sentencing

Case Brief

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Parties

THE STATE

Prosecution

ESTHER KAULINGE

Accused

Procedural Posture

Criminal / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused intentionally or negligently caused the death of her newborn baby
  2. 2 Whether the accused concealed the birth in contravention of section 7(1) of Ordinance 13 of 1962

Ratio Decidendi

The accused was negligent in failing to seek medical assistance for her newborn and in burying the baby, actions which led to the baby's death by head injury and asphyxia. The evidence did not prove intent to kill, but established negligence sufficient for culpable homicide. The accused was also guilty of concealment of birth.

Court Disposition

conviction and sentencing

Orders

  • Conviction for culpable homicide: 5 years imprisonment, 2 years conditionally suspended for 5 years on condition of no conviction for murder or culpable homicide during suspension period.
  • Conviction for concealment of birth: 6 months imprisonment, sentence to run concurrently with culpable homicide sentence.