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Namibia decisions
Decisions matching the current search
Gurisas v S (HC-MD-CRI-APP-CAL 33 of 2022) [2022] NAHCMD 472 (9 September 2022)
The High Court of Namibia dismissed an appeal against a 4-year sentence for theft by an employee, holding that the magistrate properly weighed the relevant factors.
Mbathera v S (HC-MD-CRI-APP-CAL 17 of 2017) [2022] NAHCMD 284 (10 June 2022)
High Court appeal judgment refusing condonation for a late notice of appeal in a murder and arson case and striking the matter from the roll.
Lisias v S (HC-NLD-CRI-APP-CAL 17 of 2021) [2022] NAHCNLD 53 (19 May 2022)
The appellant failed to provide a reasonable explanation for the late filing of the appeal and there were no prospects of success as the trial court properly exercised its sentencing discretion, considered all relevant factors, and imposed a sentence that was not shocking or inappropriate.
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Majiedt v S (HC-MD-CRI-APP-CAL 33 of 2019) [2022] NAHCMD 227 (6 May 2022)
The High Court upheld an appeal against robbery conviction and sentence, finding the magistrate misdirected herself on intention and that the appellant’s version was not disproved.
S v Immanuel (11) (Appeal Judgment) (HC-NLD-CRI-APP-CAL 47 of 2019) [2021] NAHCNLD 43 (29 April 2021)
Criminal appeal over cocaine conviction and sentence. Conviction was upheld, but the sentence was varied to reflect substantial pre-trial custody.
S v Shetu (HC-NLD-CRI-APP-CAL 22 of 2020) [2021] NAHCNLD 34 (1 April 2021)
The High Court upheld a sentence appeal, finding the trial court failed to individualize sentence and consider alternatives to direct imprisonment.
S v Tsowaseb (HC-MD-CRI-APP-CAL 64 of 2020) [2021] NAHCMD 140 (31 March 2021)
The High Court dismissed a sentence-only appeal against 16 years’ imprisonment for murder, holding the magistrate properly weighed mitigation and seriousness.
Nitschke v S [2020] NAHCMD 440 (25 September 2020)
The sentence imposed by the magistrate was shockingly inappropriate as it overemphasised the seriousness of the offence and failed to consider the appellant’s personal circumstances and the relatively small quantity of cannabis. The appropriate sentence is a fine with an alternative of imprisonment in default of payment.
Source excerpt
Kankondi v S [2020] NAHCNLD 110 (20 August 2020)
The High Court allowed a criminal appeal, holding that the magistrate failed to give reasons and properly analyze the evidence, so the conviction and sentence were set aside.
Hosea v S [2020] NAHCNLD 105 (13 August 2020)
The High Court upheld a sentence appeal for driving with an excessive blood alcohol level, setting aside 18 months’ imprisonment and substituting warning and caution.
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