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Namibia decisions
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S v Mukuve (CRIMINAL 46 of 2021) [2021] NAHCMD 257 (27 May 2021)
High Court review setting aside convictions for culpable homicide and failure to render assistance, because the trial court relied on inadmissible hearsay and weak circumstantial evidence.
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.
S v Angula (4) (CC 16 of 2013) [2016] NAHCMD 142 (12 May 2016)
The accused genuinely believed he was in danger and acted in self-defence when he struck the deceased, but exceeded the bounds of self-defence by striking her further after she was already incapacitated, negating intent for murder but establishing culpable homicide.
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Lang v S (CA 53 of 2013) [2013] NAHCMD 342 (18 November 2013)
The High Court of Namibia reduced a culpable homicide sentence after finding several sentencing misdirections, including overemphasis on societal interests and failure to consider alternatives to imprisonment.
Lang v S (CA 53 of 2013) [2013] NAHCMD 248 (22 August 2013)
The High Court granted bail pending appeal after finding arguable prospects that a different court could impose a non-custodial sentence for culpable homicide.
S v Shaduka (2) (CC 1 of 2009) [2011] NAHC 88 (22 March 2011)
The application for leave to appeal was refused because the State failed to demonstrate reasonable prospects of success on appeal. The trial court found that the evidence did not exclude negligence as a reasonable inference and that the sentences imposed were not glaringly inadequate or based on misdirection.
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S v Likuwa (18 of 2010) [2011] NAHC 30 (2 February 2011)
A custodial sentence is justified due to the seriousness of the offence, the deliberate and persistent nature of the assault, the need to deter domestic violence, and the accused's deviation from the standard of a reasonable person. Mitigating factors such as the accused's personal circumstances, time spent in custody, and potential for rehabilitation warrant partial suspension of the sentence.
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S v Uirab (2) (CC 21 of 2009) [2010] NAHC 132 (4 October 2010)
The accused exceeded the bounds of self-defence and realized the reasonable possibility that his actions could cause death but was reckless as to the result. The State proved beyond reasonable doubt that the accused had intention to kill in the form of dolus eventualis. The accused is guilty of murder with intent and of attempting to defeat or obstruct the course of justice.
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S v Soroseb (2) (CC 8 of 2010) [2010] NAHC 41 (18 June 2010)
High Court of Namibia sentencing judgment for culpable homicide arising from a domestic dispute, imposing six years’ imprisonment with two years suspended.
S v Simon (1) (Appeal Judgment) (CA 34 of 2005) [2007] NAHC 48 (9 July 2007)
Appeal against a culpable homicide conviction and sentence dismissed. The court held the appellant drove negligently at extreme speed, causing three deaths.
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