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Namibia decisions
Decisions matching the current search
S v Shitaleni (CR 54 of 2022) [2022] NAHCNLD 103 (30 September 2022)
The High Court set aside a conviction and sentence after finding the charge under Covid-19 liquor regulations was defective and the guilty plea uninformed.
S v Elago (CR 52 of 2022) [2022] NAHCNLD 101 (29 September 2022)
High Court review partly confirmed convictions, but set aside count 2 and the firearm-unfitness order for defective procedure and inadequate questioning.
S v Fucangi (CR 34 of 2022) [2022] NAHCNLD 73 (28 July 2022)
On automatic review, the High Court set aside a conviction on count 1 because the charge sheet and questioning were defective, but confirmed count 2.
S v Mandume (CR 8 of 2022) [2022] NAHCMD 46 (11 February 2022)
On review, the High Court set aside a criminal conviction and sentence because the charge sheet did not properly disclose an offence under the Immigration Control Act.
S v Dambudzo (CRIMINAL 40 of 2021) [2021] NAHCMD 240 (18 May 2021)
The charge was fatally defective as it lacked an essential averment required by section 12(4) of the Immigration Control Act, namely that the accused had been refused entry into Namibia. The proceedings were not in accordance with justice and could not be cured by amending the statutory label.
Source excerpt
S v Chimoso (CRIMINAL 1314 of 2020) [2021] NAHCMD 37 (11 February 2021)
The conviction and sentence were set aside because the accused was not afforded his constitutional right to legal representation as previously elected, and the charge sheet was defective, lacking sufficient particulars to inform the accused of the nature of the charge, resulting in a miscarriage of justice.
Source excerpt
HD v S (SA 13 of 2007) [2018] NASC 6 (1 March 2018)
The Supreme Court of Namibia upheld a rape conviction involving a child complainant, finding the evidence sufficient and no fatal defect in the charge sheet.
S v Ucham (CRIMINAL 13 of 2011) [2011] NAHC 136 (18 May 2011)
On automatic review, the High Court held that the charge failed to allege the required intent for assault with intent to do grievous bodily harm and substituted common assault.
S v Kasonika (CRIMINAL 12 of 2011) [2011] NAHC 37 (16 February 2011)
The High Court of Namibia set aside a conviction and sentence because the immigration charge sheet omitted an essential element of the offence.
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