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Namibia Case Law

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Criminal law [2020] NAHCNLD 110

Kankondi v S

Kankondi v S [2020] NAHCNLD 110 (20 August 2020)

The High Court allowed a criminal appeal, holding that the magistrate failed to give reasons and properly analyze the evidence, so the conviction and sentence were set aside.

  • Appeal against conviction
  • Appeal against sentence
  • Failure to provide reasons
  • Procedural irregularity
  • Evaluation of evidence
  • Appeal-against-conviction
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Criminal law [2020] NAHCMD 351

Isaack v S

Isaack v S [2020] NAHCMD 351 (13 August 2020)

Criminal appeal against a murder conviction and 17-year sentence dismissed. The court rejected private defence, found the evidence adequate, and upheld sentence.

  • Murder
  • Private defence
  • Evaluation of evidence
  • Sentencing
  • Grounds of appeal
  • Private-defence
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Criminal law [2019] NAHCMD 453

Neumann v S (Appeal Judgment) (HC-MD-CRIMINALI-APP-CAL 32 of 2019)

Neumann v S (Appeal Judgment) (HC-MD-CRIMINALI-APP-CAL 32 of 2019) [2019] NAHCMD 453 (1 November 2019)

The High Court dismissed a criminal appeal against convictions for stock theft and prohibited branding, finding the evidence proved the offences beyond reasonable doubt.

  • Stock theft
  • Prohibited branding of stock
  • Burden of proof
  • Evaluation of evidence
  • Stock brands act
  • Stock-theft
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Criminal law [2019] NAHCMD 124

Jerzurura v S (HC-MD-CRIMINALI-APP-CAL 58 of 2018)

Jerzurura v S (HC-MD-CRIMINALI-APP-CAL 58 of 2018) [2019] NAHCMD 124 (29 April 2019)

High Court criminal appeal partly succeeded: rape convictions were set aside for evidential doubt, but the assault conviction was confirmed.

  • Rape
  • Assault with intent to do grievous bodily harm
  • Credibility of witnesses
  • Evaluation of evidence
  • Appeal on facts
  • Condonation for late filing
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Criminal law [2019] NAHCNLD 26

Raul Murotua v S (HC-NLD-CRIMINALI-APP-CAL 34 of 2018)

Raul Murotua v S (HC-NLD-CRIMINALI-APP-CAL 34 of 2018) [2019] NAHCNLD 26 (28 January 2019)

The trial magistrate misdirected himself by disregarding the appellant's version and failing to properly evaluate the evidence, resulting in doubt as to whether the State proved its case beyond reasonable doubt. The benefit of the doubt must go to the appellant.

  • Rape
  • Evaluation of evidence
  • Appeal procedure
  • Benefit of doubt
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Criminal law [2018] NAHCMD 366

Hoff v S (CA 46 of 2017)

Hoff v S (CA 46 of 2017) [2018] NAHCMD 366 (31 October 2018)

Criminal appeal on a conspiracy-to-murder charge. The High Court held the trial court misapplied the standard for mutually destructive versions and set aside the conviction.

  • Conspiracy to commit murder
  • Attempted murder
  • Standard of proof
  • Evaluation of evidence
  • Mutually destructive versions
  • Criminal-law
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Criminal law [2011] NAHC 162

S v Nghitewa (1) (CC 24 of 2010)

S v Nghitewa (1) (CC 24 of 2010) [2011] NAHC 162 (9 June 2011)

The High Court of Namibia convicted the accused of rape, accepting child eyewitness testimony and medical evidence consistent with vaginal penetration.

  • Rape
  • Sexual offences against children
  • Credibility of witnesses
  • Evaluation of evidence
  • Criminal-law
  • Child-witnesses
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Criminal law [2008] NAHC 53

S v Barakias (1)

S v Barakias (1) (CRIMINAL 67 of 2008) [2008] NAHC 53 (16 June 2008)

The High Court of Namibia set aside a conviction for assault with intent to do grievous bodily harm after finding the complainant’s evidence unconvincing and unsupported.

  • Assault with intent to do grievous bodily harm
  • Child witness credibility
  • Standard of proof
  • Evaluation of evidence
  • Criminal-law
  • Assault
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Criminal law [2006] NAHC 38

S v Nowaseb (1) (CA 51 of 2005)

S v Nowaseb (1) (CA 51 of 2005) [2006] NAHC 38 (28 July 2006)

High Court appeal against a conviction for reckless or negligent driving was dismissed. The court upheld the trial court’s credibility findings and sentence.

  • Reckless or negligent driving
  • Appeal procedure
  • Evaluation of evidence
  • Single witness rule
  • Sentencing
  • Reckless-driving
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Criminal law [2002] NASC 6

S v Labuschagne (APPEAL 1 of 2001)

S v Labuschagne (APPEAL 1 of 2001) [2002] NASC 6 (28 March 2002)

The Supreme Court of Namibia dismissed a criminal appeal against convictions for murder, attempted murder, and diamond dealing, upholding the trial court's factual findings.

  • Murder
  • Attempted murder
  • Dealing in uncut diamonds
  • Evaluation of evidence
  • Putative private defence
  • Attempted-murder
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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.