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Namibia Case Law

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Criminal law [2022] NAHCNLD 109

S v Mesho (CC 4 of 2018)

S v Mesho (CC 4 of 2018) [2022] NAHCNLD 109 (13 October 2022)

The High Court rejected a non-pathological insanity defence and convicted the accused of two murders, with competent verdict convictions on two further counts.

  • Murder
  • Attempted murder
  • Assault
  • Criminal capacity
  • Intoxication
  • Non-pathological insanity
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Criminal law [2022] NAHCMD 342

S v Patrick (CR 58 of 2022)

S v Patrick (CR 58 of 2022) [2022] NAHCMD 342 (1 July 2022)

High Court review setting aside an attempted murder conviction and substituting assault with intent to do grievous bodily harm, with remittal for fresh sentencing.

  • Attempted murder
  • Assault with intent to do grievous bodily harm
  • Review proceedings
  • Attempted-murder
  • Assault-with-intent-to-do-grievous-bodily-harm
  • Criminal-review
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Criminal law [2022] NAHCNLD 54

S v Hamukwaya (HC-NLD-CRI-APP-SNA 33 of 2021)

S v Hamukwaya (HC-NLD-CRI-APP-SNA 33 of 2021) [2022] NAHCNLD 54 (19 May 2022)

The respondent's formal admissions, made with legal representation, amounted to an unequivocal acknowledgement of guilt for murder with direct intent. The magistrate misdirected himself by not convicting on murder and by failing to call essential witnesses under section 186 of the CPA. The appeal is upheld and the conviction is substituted with murder with direct intent.

  • Murder
  • Attempted murder
  • Formal admissions
  • Duty to call witnesses
  • Causation
  • Criminal procedure act
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Criminal law [2018] NAHCMD 366

Hoff v S (CA 46 of 2017)

Hoff v S (CA 46 of 2017) [2018] NAHCMD 366 (31 October 2018)

Criminal appeal on a conspiracy-to-murder charge. The High Court held the trial court misapplied the standard for mutually destructive versions and set aside the conviction.

  • Conspiracy to commit murder
  • Attempted murder
  • Standard of proof
  • Evaluation of evidence
  • Mutually destructive versions
  • Criminal-law
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Criminal law [2017] NAHCMD 267

Beyer v S (2) (Appeal Judgment) (CA 134 of 2017)

Beyer v S (2) (Appeal Judgment) (CA 134 of 2017) [2017] NAHCMD 267 (15 September 2017)

The High Court upheld an appeal against an attempted murder conviction, finding the State had not proved beyond reasonable doubt that the appellant intended to kill.

  • Attempted murder
  • Standard of proof
  • Appeal against conviction and sentence
  • Attempted-murder
  • Criminal-appeal
  • Standard-of-proof
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Criminal law [2016] NAHCMD 162

S v Kashawa (CC 9 of 2013)

S v Kashawa (CC 9 of 2013) [2016] NAHCMD 162 (6 July 2016)

Sentencing judgment for multiple violent offences, including rape, robbery, attempted murder and firearm offences, with concurrent sentences and firearm disqualification.

  • Sentencing
  • Housebreaking
  • Robbery
  • Rape
  • Assault
  • Attempted murder
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Criminal law [2013] NAHCMD 484

Loubser v De Beers Marine Namibia (Pty) Ltd (wrong judgment attached) (341 of 2008)

Loubser v De Beers Marine Namibia (Pty) Ltd (wrong judgment attached) (341 of 2008) [2013] NAHCMD 484 (26 September 2013)

The magistrate failed to consider material evidence and exercised discretion wrongly; the appellant demonstrated reasonable prospects of success on appeal and, at minimum, an arguable case not manifestly doomed to failure. There was no other basis to refuse bail in the interests of justice.

  • Bail pending appeal
  • Prospects of success
  • Discretion of lower court
  • Attempted murder
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Criminal law [2011] NAHC 289

S v Hamukoto (4) (Sentence) (CC 19 of 2008)

S v Hamukoto (4) (Sentence) (CC 19 of 2008) [2011] NAHC 289 (28 September 2011)

High Court of Namibia sentencing decision for three murders, three attempted murders, and firearms offences, resulting in an effective 90-year prison term.

  • Murder
  • Attempted murder
  • Firearms offences
  • Sentencing
  • Criminal-law
  • Attempted-murder
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Criminal law [2011] NAHC 201

S v Tjapa (1) (Ruling on bail application) (CC 9 of 2011)

S v Tjapa (1) (Ruling on bail application) (CC 9 of 2011) [2011] NAHC 201 (13 July 2011)

No new facts were placed before the court as the death of the applicant's son and the offer to pay bail with conditions had already been considered or are standard in bail proceedings. Therefore, the application for bail is refused.

  • Bail
  • New facts in bail applications
  • Robbery with aggravating circumstances
  • Attempted murder
  • Firearm offences
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Criminal law [2011] NAHC 95

Kemanye v S (CA 25 of 2010)

Kemanye v S (CA 25 of 2010) [2011] NAHC 95 (28 March 2011)

The State failed to prove the case of attempted murder against the appellant beyond reasonable doubt. The appellant's version was reasonably possibly true, and the conviction could not stand.

  • Attempted murder
  • Appeal
  • Burden of proof
  • Self-defense
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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.