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Criminal law [2015] NAHCMD 180

Binga v S (CA 96 of 2014)

Binga v S (CA 96 of 2014) [2015] NAHCMD 180 (8 May 2015)

The conviction was based on corroborated evidence from the complainant and another witness, not solely on a single witness. Missing portions of the record did not materially affect the court's ability to consider the merits. The appellant's version was highly improbable, and the magistrate was correct in accepting the State's evidence and rejecting the defence.

  • Corruption
  • Evidence
  • Appeal procedure
  • Single witness rule
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Criminal law [2010] NAHC 154

S v Goabab and Another (2) (Reasons for granting Applicant leave to appeal) (CC 44 of 2008)

S v Goabab and Another (2) (Reasons for granting Applicant leave to appeal) (CC 44 of 2008) [2010] NAHC 154 (18 August 2010)

The court granted leave to appeal because there are reasonable prospects of success that the trial court failed to properly interpret section 43 of the Anti-Corruption Act, did not apply its mind to relevant statutory and comparative materials, and did not consider the alternative charges when granting the discharge under section 174 of the Criminal Procedure Act.

  • Discharge at close of prosecution
  • Interpretation of statutes
  • Appealability of discharge
  • Section 174 criminal procedure act
  • Section 43 anti-corruption act
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