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Namibia Case Law

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Criminal law [2022] NAHCNLD 99

S v Shanyenga (CR 50 of 2022)

S v Shanyenga (CR 50 of 2022) [2022] NAHCNLD 99 (27 September 2022)

On automatic review, the High Court set aside convictions for reckless driving and failure to obey an officer, finding reasonable doubt and noting the burden had been wrongly shifted.

  • Reckless or negligent driving
  • Failure to comply with lawful instructions
  • Burden of proof
  • Single witness testimony
  • Reckless-driving
  • Failure-to-comply-with-officer-instructions
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Criminal law [2022] NAHCMD 452

S v Petrus (CR 91 of 2022)

S v Petrus (CR 91 of 2022) [2022] NAHCMD 452 (1 September 2022)

On automatic review, the High Court confirmed convictions for negligent driving and failure to ascertain damages but reduced the alternative imprisonment terms as disproportionate.

  • Sentencing
  • Proportionality of sentence
  • Negligent driving
  • Failure to ascertain damages
  • Sentencing-proportionality
  • Negligent-driving
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Criminal law [2022] NAHCNLD 27

S v Kandundu (CR 10 of 2022)

S v Kandundu (CR 10 of 2022) [2022] NAHCNLD 27 (28 March 2022)

On review, the High Court confirmed a guilty plea conviction and fine for driving with an excessive breath alcohol level, but set aside a driving disqualification.

  • Driving under the influence
  • Sentencing
  • Procedure on plea
  • Disqualification from driving
  • Criminal-review
  • Guilty-plea
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Criminal law [2021] NAHCMD 258

S v Nkandanga

S v Nkandanga (CRIMINAL 47 of 2021) [2021] NAHCMD 258 (27 May 2021)

The accused's answers did not admit all elements of reckless driving and raised a valid defence; the magistrate applied the negligence test rather than the test for recklessness, resulting in a misdirection that vitiated the conviction.

  • Reckless driving
  • Negligent driving
  • Plea procedure
  • Conviction review
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Criminal law [2021] NAHCMD 185

S v Chinyemba

S v Chinyemba (CRIMINAL 29 of 2021) [2021] NAHCMD 185 (23 April 2021)

On special review, the High Court confirmed a reckless driving conviction and fine, but set aside an improper driver’s licence suspension and substituted a disqualification order.

  • Reckless driving
  • Driver's license suspension
  • Special review
  • Sentencing
  • Special-review
  • Reckless-driving
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Criminal law [2021] NAHCMD 80

S v Ihemba

S v Ihemba (CRIMINAL 14 of 2021) [2021] NAHCMD 80 (26 February 2021)

A heavy term of imprisonment as an alternative to a fine is incompatible with the nature of s 112(1)(a) CPA, which is meant for minor offences; thus, the sentence must be substituted with a lesser alternative imprisonment term.

  • Failure to appear
  • Roadworthiness of vehicles
  • Sentencing under s 112(1)(a) cpa
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Criminal law [2020] NAHCNLD 29

Nekundi v The State (HC-NLD-CRIMINALI-APP-CAL- 2019 of 57)

Nekundi v The State (HC-NLD-CRIMINALI-APP-CAL- 2019 of 57) [2020] NAHCNLD 29 (20 February 2020)

The High Court upheld a seat-belt conviction and sentence, but set aside a six-month driving-licence suspension because the offence did not relate to driving.

  • Suspension of driving licence
  • Traffic offences
  • Sentencing
  • Appeal procedure
  • Traffic-offences
  • Appeal-procedure
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Criminal law [2016] NAHCMD 36

S v Walubita

S v Walubita (CRIMINAL 4 of 2016) [2016] NAHCMD 36 (24 February 2016)

The High Court remitted a traffic-review matter after the magistrate failed to consider whether the convicted unlicensed driver should be disqualified from obtaining a licence.

  • Driving without licence
  • Sentencing
  • Judicial discretion
  • Driving-without-licence
  • Traffic-offences
  • Judicial-discretion
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Criminal law [2011] NAHC 118

S v Kamulilo

S v Kamulilo (CRIMINAL 32 of 2011) [2011] NAHC 118 (13 April 2011)

The High Court reviewed a traffic conviction and held that the magistrate should not have convicted the accused “as pleaded” for negligent driving on a charge of reckless or negligent driving.

  • Reckless or negligent driving
  • Conviction procedure
  • Plea and sentence
  • Reckless-driving
  • Negligent-driving
  • Criminal-review
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Criminal law [2011] NAHC 75

S v Richter (1)

S v Richter (1) (CRIMINAL 23 of 2011) [2011] NAHC 75 (15 March 2011)

On review, the High Court of Namibia corrected a magistrate’s verdict on a traffic charge from “guilty as charged” to guilty of negligent driving and confirmed the sentences.

  • Reckless or negligent driving
  • Driving without a licence
  • Automatic review
  • Sentencing
  • Criminal-review
  • Negligent-driving
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.