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Namibia Case Law

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Criminal-law [2022] NAHCMD 473

S v Maasdorp (CC 5 of 2021)

S v Maasdorp (CC 5 of 2021) [2022] NAHCMD 473 (9 September 2022)

The High Court dismissed a section 174 discharge application in a murder and justice-obstruction matter, finding the State led evidence that could support conviction.

  • Murder
  • Domestic-violence
  • Defeating-or-obstructing-the-course-of-justice
  • Application-for-discharge-under-section-174
  • Evidentiary-threshold-at-close-of-state's-case
  • Criminal-procedure
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Criminal-law [2022] NAHCMD 390

S v Pieters (CR 76 of 2022)

S v Pieters (CR 76 of 2022) [2022] NAHCMD 390 (5 August 2022)

On automatic review, the High Court confirmed the conviction but amended the suspended sentence to correct a typographical omission in the condition.

  • Defeating-or-obstructing-the-course-of-justice
  • Suspended-sentence
  • Automatic-review
  • Criminal-review
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Criminal-law [2021] NAHCMD 244

S v Fritz (2) (CC 12 of 2015)

S v Fritz (2) (CC 12 of 2015) [2021] NAHCMD 244 (20 May 2021)

Sentencing judgment for murder, rape, robbery and obstructing justice. The court found no substantial and compelling circumstances for rape and imposed 31 years’ imprisonment.

  • Murder
  • Rape
  • Robbery-with-aggravating-circumstances
  • Defeating-or-obstructing-the-course-of-justice
  • Sentencing
  • Minimum-sentences
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Criminal-law [2021] NAHCMD 229

S v Elia (5) (CC 18 of 2018)

S v Elia (5) (CC 18 of 2018) [2021] NAHCMD 229 (12 May 2021)

The High Court sentenced Victor Elia to 30 years for murder and concurrent 3-year terms for robbery and defeating justice, after weighing domestic violence, deterrence, and mitigation.

  • Murder
  • Domestic-violence
  • Robbery-with-aggravating-circumstances
  • Defeating-or-obstructing-the-course-of-justice
  • Sentencing
  • Criminal-law
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Criminal-law [2016] NAHCMD 30

S v Rickerts (CC 8 of 2015)

S v Rickerts (CC 8 of 2015) [2016] NAHCMD 30 (25 February 2016)

The High Court of Namibia rejected an intoxication-based incapacity defence, convicted the accused of murder with direct intent, and acquitted him on justice-obstruction charges.

  • Murder
  • Intoxication
  • Criminal-capacity
  • Defeating-or-obstructing-the-course-of-justice
  • Criminal-law
  • Intoxication-defence
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Criminal-law [2011] NAHC 347

S v Neidel and Others (3) (21 of 2006)

S v Neidel and Others (3) (21 of 2006) [2011] NAHC 347 (21 November 2011)

Sentencing judgment after convictions for eight murders and related offences arising from the Kareeboomvloer farm killings, with lengthy custodial terms imposed.

  • Murder
  • Robbery
  • Housebreaking
  • Arson
  • Theft
  • Possession-of-firearms
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Criminal-law [2011] NAHC 297

S v Ngesheya (CC 22 of 2010)

S v Ngesheya (CC 22 of 2010) [2011] NAHC 297 (29 September 2011)

At the close of the State case, the High Court held the circumstantial evidence was insufficient and discharged the accused on murder, robbery and justice charges.

  • Murder
  • Robbery-with-aggravating-circumstances
  • Defeating-or-obstructing-the-course-of-justice
  • Section-174-discharge
  • Alibi-defence
  • Circumstantial-evidence
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Criminal-law [2010] NAHC 192

S v Karirao (1) (CC 18 of 2010)

S v Karirao (1) (CC 18 of 2010) [2010] NAHC 192 (18 November 2010)

The High Court of Namibia convicted the accused of murder, robbery with aggravating circumstances, and obstructing justice, rejecting a duress defence.

  • Murder
  • Robbery-with-aggravating-circumstances
  • Defeating-or-obstructing-the-course-of-justice
  • Common-purpose
  • Compulsion-as-a-defence
  • Duress-defence
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Criminal-law [2010] NAHC 177

S v Gaweseb (2) (CC 30 of 2009)

S v Gaweseb (2) (CC 30 of 2009) [2010] NAHC 177 (29 October 2010)

Sentencing judgment for the murder of a 13-month-old child and defeating the course of justice. The High Court imposed consecutive prison terms of 28 and 4 years.

  • Murder
  • Domestic-violence
  • Defeating-or-obstructing-the-course-of-justice
  • Sentencing
  • Murder-sentencing
  • Criminal-sentencing
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Criminal-law [2005] NAHC 49

S v Avelinu and Others (CC 6 of 2003)

S v Avelinu and Others (CC 6 of 2003) [2005] NAHC 49 (22 November 2005)

High Court of Namibia conviction in a multi-accused robbery and murder case, with acquittals for two accused after assessing common purpose, confessions, and identification evidence.

  • Murder
  • Robbery-with-aggravating-circumstances
  • Defeating-or-obstructing-the-course-of-justice
  • Malicious-damage-to-property
  • Common-purpose-doctrine
  • Admissibility-of-confessions
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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.