Namibia Case Law

S v Haoeb (CA 64 of 2004)

S v Haoeb (CA 64 of 2004) [2007] NAHC 44 (19 June 2007)

Court

High Court

Case number

CA 64 of 2004

The court found that the trial court misdirected itself in evaluating the evidence and the issue of private defence. On the objective facts, the appellant could have reasonably apprehended grievous bodily harm, and the State failed to prove beyond reasonable doubt that the use of the knife was unreasonable. The murder conviction could not stand, but the conviction for assault with intent to cause grievous bodily harm was supported by the evidence.

Source excerpt

• Murder
• Assault with intent to cause grievous bodily harm
• Private defence
• Self-defence
• Onus of proof

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S v Mwetuyeka (CC 8 of 2007)

S v Mwetuyeka (CC 8 of 2007) [2007] NAHC 27 (5 June 2007)

Court

High Court

Case number

CC 8 of 2007

The convictions for assault and rape constituted a duplication, but no prejudice resulted as both were taken together for sentencing. There was no expert evidence of grievous bodily or mental harm as a result of the rape, so the minimum sentence of 20 years under s 3(1)(b)(ii) of the Combating of Rape Act applied. No substantial and compelling circumstances were presented to justify a lesser sentence. The sentence was ordered to run consecutively to the previous sentence as there was no basis for concurrency.

Source excerpt

• Rape
• Assault with intent to cause grievous bodily harm
• Sentencing
• Minimum sentences
• Duplication of convictions

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S v Kashamane (CA 42 of 2005)

S v Kashamane (CA 42 of 2005) [2006] NAHC 40 (14 August 2006)

Court

High Court

Case number

CA 42 of 2005

The High Court upheld the assault conviction but reduced the sentence, finding the witness refusal caused no unfairness and the medical-report irregularity was not fatal.

• Assault with intent to cause grievous bodily harm
• Admission of evidence
• Right to call witnesses
• Sentencing principles
• Criminal-appeal
• Assault-with-intent-to-cause-grievous-bodily-harm

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S v Haggai and Others (117 of 1993)

S v Haggai and Others (117 of 1993) [1994] NAHC 8 (2 June 1994)

Court

High Court

Case number

117 of 1993

High Court of Namibia judgment on common purpose and identification in a group attack, resulting in mixed convictions and acquittals across eight accused.

• Common purpose
• Identification
• Murder
• Attempted murder
• Assault with intent to cause grievous bodily harm
• Common-purpose

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S v Ndikwetepo and Others (2) (CC 61 of 1992)

S v Ndikwetepo and Others (2) (CC 61 of 1992) [1992] NAHC 4 (24 August 1992)

Court

High Court

Case number

CC 61 of 1992

The court found that the accused were properly identified as perpetrators of the various offences through credible witness testimony, properly conducted identification parades, and corroborating physical evidence. The court held that the accused acted with common purpose in the commission of the offences. Where intent to kill was proven, convictions for both robbery and attempted murder were justified and did not constitute duplication of convictions. The court rejected the accused's alibi defences and found the explanations for their presence at the scenes to be fabricated. The court acquitt…

Source excerpt

• Robbery with aggravating circumstances
• Attempted murder
• Assault with intent to cause grievous bodily harm
• Escape from lawful custody
• Impersonating a police officer
• Identification parades

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