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Namibia Case Law

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Criminal law [2002] NAHC 8

S v Kutamudi (CC 7 of 2003)

S v Kutamudi (CC 7 of 2003) [2002] NAHC 8 (31 January 2002)

Court
High Court
Case number
CC 7 of 2003

The court found beyond reasonable doubt that the accused's confession was made freely and voluntarily, that he was properly informed of his rights, and that any irregularity in the preliminary proceedings did not result in unfairness. The accused's version was rejected as false and implausible. The evidence, including medical and forensic evidence, established that the accused intentionally killed the three victims and was guilty of murder on all counts.

Source excerpt

  • Murder
  • Confession admissibility
  • Right to legal representation
  • Self-defence
  • Fair trial rights
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Criminal law [1997] NASC 2

S v Shikunga (SA 6 of 1995)

S v Shikunga (SA 6 of 1995) [1997] NASC 2 (20 August 1997)

Court
Supreme Court
Case number
SA 6 of 1995

The appeal is dismissed because, despite the unconstitutional admission of the confession, the conviction was justified on other reliable evidence and objective facts. Section 217(1)(b)(ii) is unconstitutional, but the irregularity did not taint the verdict. The sentence imposed was appropriate given the facts and the nature of the attack.

Source excerpt

  • Murder
  • Robbery
  • Confession admissibility
  • Constitutional rights
  • Fair trial
  • Onus of proof
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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.

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