Namibia Case Law

Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NALCMD 693 (27 December 2022)

Court

Labour Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not establish a new perspective that impacts on the old facts or change the basis on which bail was initially refused. The State has made out a strong prima facie case, the offences are serious, and the interests of justice do not merit release on bail under these circumstances.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Hatuikulipi v S (CC 6 of 2021)

Hatuikulipi v S (CC 6 of 2021) [2022] NAHCMD 693 (27 December 2022)

Court

High Court Main Division

Case number

CC 6 of 2021

The applicant's new facts, though new, do not change the basis on which bail was initially refused. The State has established a strong prima facie case, and the seriousness of the offences, public interest, and administration of justice justify continued detention. The new facts do not establish a new perspective impacting the old facts; bail is refused.

Source excerpt

• Bail
• New facts in bail applications
• Racketeering
• Money laundering
• Fraud
• Theft

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Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022)

Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022) [2022] NAHCMD 680 (9 December 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 48 of 2022

The High Court reduced two escape-from-custody sentences from 36 to 24 months, finding the original sentences harsh and out of step with precedent.

• Sentencing
• Appeal
• Escaping from lawful custody
• Criminal-sentencing
• Criminal-appeal
• Escape-from-lawful-custody

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S v April (CR 1856 of 2022)

S v April (CR 1856 of 2022) [2022] NAHCMD 670 (8 December 2022)

Court

High Court Main Division

Case number

CR 1856 of 2022

The accused was not properly informed of the consequences of making formal admissions under section 220, and some admissions were improperly extracted by the court, rendering the conviction unsafe. The delay in forwarding the record for review also constituted a miscarriage of justice.

Source excerpt

• Formal admissions
• Section 220 criminal procedure act
• Combating domestic violence
• Review procedure
• Magistrate's duties

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S v Polman (CR 138 of 2022)

S v Polman (CR 138 of 2022) [2022] NAHCMD 663 (6 December 2022)

Court

High Court Main Division

Case number

CR 138 of 2022

The magistrate's court erred by putting the suspended sentence into operation without warning the accused or affording him an opportunity to be heard, and without a proper application by the state; this constituted a procedural irregularity warranting the setting aside of the order.

Source excerpt

• Suspended sentence
• Review proceedings
• Housebreaking with intent to steal and theft
• Procedural irregularity

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S v Dias (CC 14 of 2011)

S v Dias (CC 14 of 2011) [2022] NAHCMD 654 (2 December 2022)

Court

High Court Main Division

Case number

CC 14 of 2011

The High Court struck the State’s application for leave to appeal against sentence because the notice failed to plead reasonable prospects of success and proper grounds.

• Leave to appeal
• Sentencing
• Grounds of appeal
• Costs order
• Criminal-procedure
• Leave-to-appeal

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S v Amib (CR 103 of 2022)

S v Amib (CR 103 of 2022) [2022] NAHCMD 647 (29 November 2022)

Court

High Court Main Division

Case number

CR 103 of 2022

The High Court set aside a conviction and sentence after finding that the magistrate failed to properly question the accused under section 112(1)(b) and risked duplication of convictions.

• Assault with intent to do grievous bodily harm
• Assault by threat
• Duplication of convictions
• Plea questioning
• Section 112(1)(b) criminal procedure act
• Criminal-review

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S v Bumes (CC 1 of 2020)

S v Bumes (CC 1 of 2020) [2022] NAHCNLD 123 (18 November 2022)

Court

Northern Local Division

Case number

CC 1 of 2020

Bail on new facts was refused where the applicants’ changed circumstances were not truly new or were insufficient to displace the earlier refusal.

• Bail
• New facts in bail applications
• Wildlife crime
• Possession of firearms
• Possession of controlled wildlife products
• Theft

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Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022)

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022) [2022] NAHCMD 616 (14 November 2022)

Court

High Court Main Division

Case number

HC-MD-CRI-APP-CAL 72 of 2022

High Court bail appeal dismissed where the appellant failed to show that refusal of bail was wrongly exercised in a rape case involving a minor.

• Bail
• Rape
• Combating of domestic violence
• Judicial discretion
• Onus of proof
• Bail-appeal

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S v Mouton (CR 120 of 2022)

S v Mouton (CR 120 of 2022) [2022] NAHCMD 612 (11 November 2022)

Court

High Court Main Division

Case number

CR 120 of 2022

High Court review set aside a conviction and sentence after finding that an unrepresented accused’s formal admissions were not properly explained before questioning.

• Housebreaking with intent to steal and theft
• Formal admissions
• Unrepresented accused
• Procedure for admissions
• Automatic review
• Criminal-procedure

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