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Namibia Case Law

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Criminal-law [2022] NAHCNLD 123

S v Bumes (CC 1 of 2020)

S v Bumes (CC 1 of 2020) [2022] NAHCNLD 123 (18 November 2022)

Bail on new facts was refused where the applicants’ changed circumstances were not truly new or were insufficient to displace the earlier refusal.

  • Bail
  • New-facts-in-bail-applications
  • Wildlife-crime
  • Possession-of-firearms
  • Possession-of-controlled-wildlife-products
  • Theft
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Criminal-law [2022] NAHCMD 229

S v Naobeb (CR 35 of 2022)

S v Naobeb (CR 35 of 2022) [2022] NAHCMD 229 (10 May 2022)

On automatic review, the High Court confirmed convictions and sentences but remitted the matter for compliance with section 10(7) of the Arms and Ammunition Act.

  • Automatic-review
  • Firearms-offences
  • Sentencing
  • Procedural-compliance
  • Criminal-law
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Criminal-law [2021] NAHCNLD 44

S v Isack

S v Isack (CRIMINAL 14 of 2020) [2021] NAHCNLD 44 (10 May 2021)

Review judgment confirming convictions and sentences, but narrowing an overbroad suspended-sentence condition to contraventions of section 33 only.

  • Possession-of-firearm-without-a-license
  • Possession-of-ammunition
  • Suspended-sentence-conditions
  • Criminal-law
  • Sentencing-review
  • Firearms-offences
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Criminal-law [2021] NAHCMD 105

S v Valombola (8) (CC 18 of 2019)

S v Valombola (8) (CC 18 of 2019) [2021] NAHCMD 105 (10 March 2021)

High Court dismissed an accused’s section 174 discharge application, holding the State had a prima facie case on murder and discharging a firearm in public.

  • Murder
  • Discharging-firearm-in-public
  • Application-for-discharge
  • Prima-facie-case
  • Standard-of-proof
  • Criminal-procedure
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Criminal-law [2016] NAHCMD 270

S v Fillemon (6)

S v Fillemon (6) (CRIMINAL 51 of 2016) [2016] NAHCMD 270 (15 September 2016)

The High Court confirmed a conviction and sentence, but withdrew an earlier review certificate and remitted the matter because the magistrate failed to apply s 10(7) of the Arms and Ammunition Act.

  • Automatic-review
  • Firearms-offences
  • Judicial-certificate
  • Remittal-to-magistrate
  • Criminal-procedure
  • Judicial-review-certificate
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Criminal-law [2013] NAHCMD 342

Lang v S (CA 53 of 2013)

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.

  • Culpable-homicide
  • Sentencing
  • Appeal
  • Firearms-offences
  • Sentence-appeal
  • Criminal-law
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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 289

S v Hamukoto (4) (Sentence) (CC 19 of 2008)

S v Hamukoto (4) (Sentence) (CC 19 of 2008) [2011] NAHC 289 (28 September 2011)

High Court of Namibia sentencing decision for three murders, three attempted murders, and firearms offences, resulting in an effective 90-year prison term.

  • Murder
  • Attempted-murder
  • Firearms-offences
  • Sentencing
  • Criminal-law
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Criminal-law [2011] NAHC 174

S v Shipanga and Another (5) (CC 2 of 2009)

S v Shipanga and Another (5) (CC 2 of 2009) [2011] NAHC 174 (20 June 2011)

The High Court of Namibia dismissed two convicted men’s application for leave to appeal against convictions and sentences for murder, robbery, kidnapping, and firearm offences.

  • Murder
  • Robbery-with-aggravating-circumstances
  • Kidnapping
  • Unlawful-possession-of-firearms
  • Unlawful-possession-of-ammunition
  • Leave-to-appeal
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Criminal-law [2011] NAHC 139

S v Shipanga and Another (4) (CC 2 of 2009)

S v Shipanga and Another (4) (CC 2 of 2009) [2011] NAHC 139 (26 May 2011)

The High Court of Namibia sentenced two accused for murder, robbery, kidnapping, firearm and ammunition offences, stressing deterrence, retribution and limited mitigation.

  • Murder
  • Robbery-with-aggravating-circumstances
  • Kidnapping
  • Possession-of-fire-arms-without-a-licence
  • Possession-of-ammunition
  • Sentencing
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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.