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Namibia Case Law

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Criminal law [2022] NAHCMD 647

S v Amib (CR 103 of 2022)

S v Amib (CR 103 of 2022) [2022] NAHCMD 647 (29 November 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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Criminal law [2022] NAHCMD 400

S v Oeamseb (CR 84 of 2022)

S v Oeamseb (CR 84 of 2022) [2022] NAHCMD 400 (10 August 2022)

On automatic review, the High Court confirmed two convictions, set aside a conviction for assault by threat, and remitted the matter for proper plea questioning and resentencing.

  • Malicious damage to property
  • Crimen injuria
  • Assault by threat
  • Plea of guilty
  • Section 112(1)(b) criminal procedure act
  • Combating of domestic violence act
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Criminal law [2022] NAHCMD 399

S v Rooi (CR 83 of 2022)

S v Rooi (CR 83 of 2022) [2022] NAHCMD 399 (10 August 2022)

The High Court set aside convictions for assault, assault by threat, and animal ill-treatment after finding the guilty-plea questioning did not establish all elements.

  • Assault
  • Assault by threat
  • Ill-treating an animal
  • Plea of guilty
  • Elements of offence
  • Criminal procedure act
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Criminal law [2022] NAHCMD 231

Gawiseb v S (CA 54 of 2016)

Gawiseb v S (CA 54 of 2016) [2022] NAHCMD 231 (10 May 2022)

The High Court upheld rape and assault convictions, but ordered part of the sentences to run concurrently to reduce the cumulative effect of 60 years.

  • Rape
  • Assault with intent to do grievous bodily harm
  • Assault by threat
  • Minimum sentencing
  • Single witness evidence
  • Appeal procedure
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Criminal law [2022] NAHCNLD 12

S v John (CC 14 of 2019)

S v John (CC 14 of 2019) [2022] NAHCNLD 12 (22 February 2022)

The aggravating circumstances, including the brutality of the murder within a domestic relationship and the vulnerability of the deceased, outweigh the accused's personal circumstances and guilty plea. A lengthy custodial sentence is warranted to reflect the seriousness of the offences and protect society.

  • Murder
  • Domestic violence
  • Witchcraft suppression
  • Assault by threat
  • Sentencing
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Criminal law [2022] NAHCMD 55

S v Madjiedt (CC 26 of 2018)

S v Madjiedt (CC 26 of 2018) [2022] NAHCMD 55 (16 February 2022)

The High Court of Namibia partially granted a discharge application at the close of the State’s case, discharging counts 3, its alternative, and 8, but refusing discharge on counts 2, 4, 5, and 6.

  • Discharge at close of prosecution case
  • Rape
  • Trafficking in persons
  • Assault by threat
  • Criminal-procedure
  • Discharge-at-close-of-state-case
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Criminal law [2021] NAHCMD 241

S v Kwando

S v Kwando (CRIMINAL 44 of 2021) [2021] NAHCMD 241 (20 May 2021)

On review, the High Court replaced a conviction for assault with intent to do grievous bodily harm with assault by threat and confirmed the sentence as altered.

  • Assault by threat
  • Domestic violence
  • Substitution of conviction
  • Criminal procedure act
  • Criminal-law
  • Assault-by-threat
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Criminal law [2021] NAHCMD 226

S v Hoxobeb (3) (CC 19 of 2020)

S v Hoxobeb (3) (CC 19 of 2020) [2021] NAHCMD 226 (12 May 2021)

The applicant has a propensity for violent offences, the State has a strong prima facie case, and his release would be prejudicial to the maintenance of law and order and the administration of justice. The applicant failed to discharge the onus to show on a balance of probabilities that bail should be granted. His constitutional rights are not absolute and are not infringed by refusal of bail in these circumstances.

  • Bail
  • Murder
  • Assault by threat
  • Domestic violence
  • Presumption of innocence
  • Right to liberty
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Criminal law [2021] NAHCMD 221

S v Mwilima

S v Mwilima (CRIMINAL 38 of 2021) [2021] NAHCMD 221 (10 May 2021)

The High Court confirmed a conviction for assault by threat and amended a vague suspended sentence condition to make it clear and specific.

  • Assault by threat
  • Domestic violence
  • Suspended sentence
  • Criminal procedure
  • Criminal-review
  • Assault-by-threat
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Criminal law [2021] NAHCNLD 42

S v Nanyemba (3) (CC 12 of 2018)

S v Nanyemba (3) (CC 12 of 2018) [2021] NAHCNLD 42 (27 April 2021)

High Court sentencing ruling for culpable homicide and assault by threat, considering nearly four years in pre-trial custody, remorse, and prior violence.

  • Culpable homicide
  • Assault by threat
  • Sentencing
  • Pre-trial detention
  • Remorse
  • Suspended sentence
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About this LexChat collection

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.