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Namibia decisions
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S v Amunyela (CC 13 of 2020) [2022] NAHCNLD 130 (13 December 2022)
The High Court of Namibia convicted the accused of murder, finding circumstantial evidence and last-seen evidence excluded any reasonable innocent inference.
Homba v Homba (HC-MD-CIV-ACT-MAT 3719 of 2021) [2022] NAHCMD 600 (3 November 2022)
A final order of divorce is appropriate and necessary where a protection order exists prohibiting contact between the parties, as ordering restitution of conjugal rights would contradict the protection order and potentially expose parties to harm or criminal liability.
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S v Boois (CC 3 of 2022) [2022] NAHCMD 568 (20 October 2022)
The High Court of Namibia sentenced a youthful first offender to 28 years for murder committed in a domestic setting, giving weight to remorse and aggravation.
S v Mesho (CC 4 of 2018) [2022] NAHCNLD 109 (13 October 2022)
The High Court rejected a non-pathological insanity defence and convicted the accused of two murders, with competent verdict convictions on two further counts.
S v Pendapala (CR 45 of 2022) [2022] NAHCNLD 94 (26 September 2022)
On automatic review, the High Court substituted a conviction of common assault for assault with intent to do grievous bodily harm and varied the sentences.
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.
S v Keukeni (CR 40 of 2022) [2022] NAHCNLD 85 (8 September 2022)
On automatic review, the High Court set aside a magistrates’ court conviction and sentence for common assault, citing procedural irregularity and weak proof.
S v Katale (CC 5 of 2021) [2022] NAHCNLD 80 (2 September 2022)
The court imposed sentences of 5 years for arson and 23 years for murder (read with the Combating of Domestic Violence Act), with 3 years of the arson sentence to run concurrently with the murder sentence, balancing the seriousness of the offences, the aggravating context of domestic violence, the accused's lack of remorse, and his personal circumstances, while ensuring the sentence is not excessively harsh or inhumane.
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Nghipulenga v S (CC 12 of 2020) [2022] NAHCNLD 76 (2 August 2022)
The court found that the applicant's personal circumstances, including remorse and contrition, were considered at sentencing, and the seriousness of the offence outweighed these factors. The grounds of appeal did not comply with statutory requirements and there were no prospects of success on appeal.
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S v Ueitele; S v Berendt; S v Petrus (CR 53 of 2022) [2022] NAHCMD 292 (10 June 2022)
The sentences imposed were shockingly inappropriate for first offenders who pleaded guilty, as they failed to consider mitigating factors and the element of mercy, resulting in sentences that were too harsh and induced a sense of shock.
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