S v Shimi (CC 3 of 1999) [1999] NAHC 2 (19 March 1999)

S v Shimi (CC 3 of 1999) [1999] NAHC 2 (19 March 1999)

The complainant's evidence, though that of a single child witness, was credible and corroborated by medical findings and her grandmother's observations. The threat-induced complaint was admissible as an exception due to the accused's threats. Penetration was established beyond reasonable doubt. The accused's denial was rejected as false.

Citation
[1999] NAHC 2
Parties
Prosecution: The State; Accused: Ipingf Shimi
Court
High Court
Jurisdiction
Namibia
Judgment Date
19 March 1999
Case Number
CC 3 of 1999
Procedural Posture
Criminal / Judgment
Outcome
Conviction
Legal Topics
Rape, Evidence, Corroboration, Cautionary Rule, Child Witness, Recent Complaint
Source Language
English
Criminal Law Rape Evidence Corroboration Cautionary Rule Child Witness Recent Complaint

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Prosecution

Ipingf Shimi

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally had sexual intercourse with a girl under the age of consent
  2. 2 Whether the evidence of a single child witness is credible and sufficient for conviction
  3. 3 Whether corroboration exists for the complainant's testimony

Ratio Decidendi

The complainant's evidence, though that of a single child witness, was credible and corroborated by medical findings and her grandmother's observations. The threat-induced complaint was admissible as an exception due to the accused's threats. Penetration was established beyond reasonable doubt. The accused's denial was rejected as false.

Court Disposition

Conviction

Orders

  • The accused is convicted as charged of rape.