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S v Elago (Sentence) (CC 12 of 2013) [2016] NAHCNLD 89 (1 November 2016)
Despite the accused's youth and mitigating circumstances, the repetitive and serious nature of the offences, the vulnerability of the victims, and the need to protect society and deter similar conduct justify a custodial sentence, structured to allow for rehabilitation rather than to break the accused.
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S v Williem (CA 2 of 2016) [2016] NAHCMD 174 (17 June 2016)
The conviction for attempted rape was not supported by evidence beyond reasonable doubt due to material inconsistencies and contradictions in the complainant's evidence, failure to properly apply the cautionary rule for single witness testimony, and misdirection regarding the burden of proof.
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S v Armstrong (1) (CA 2 of 2008) [2011] NAHC 150 (30 May 2011)
The appellant's own evidence established that he willingly participated in a sexual act with a complainant who was mentally incapacitated and incapable of informed consent, under coercive circumstances as defined by section 2(2)(f)(i) of the Combating of Rape Act, 2000. The trial court misapplied the law regarding attempt and intent, and the only reasonable conclusion is that the appellant was guilty of rape, not attempted rape.
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S v Both (1) (CC 39 of 2008) [2010] NAHC 198 (30 November 2010)
Sentencing judgment for murder and attempted rape. The court imposed 25 years for murder and 5 years for attempted rape, to run concurrently.
S v Kashidule (CC 3 of 2010) [2010] NAHC 106 (24 September 2010)
Sentencing of a 17-year-old convicted of violent and sexual offences, including rape of a 3.5-month-old baby. The court imposed a lengthy custodial term.
S v Vries (3) (Appeal Judgment) (SA 6 of 2001) [2001] NASC 6 (7 December 2001)
Although the law requires only the slightest penetration to constitute rape, the evidence in this case, particularly the medical evidence, did not prove penetration beyond reasonable doubt. Therefore, the conviction for attempted rape stands and the appeal is dismissed.
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S v Gaseb and Others (1) (9 of 1999) [2000] NASC 6 (9 August 2000)
It is not unsound or oppressive to charge each accused with multiple counts of rape for assisting in the rape of the other; the concern is with duplication of convictions, not charges. On the facts, each act of rape was a separate offence, and there was no improper duplication of convictions. The medical report and evidence were properly admitted by express and informed consent. The trial judge's structuring did not affect the verdicts. The sentences were not excessive given the gravity of the offences.
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