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Namibia decisions
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S v Hausiku (CC 29 of 2019) [2022] NAHCMD 508 (28 September 2022)
Sentencing decision for murder, rape, robbery, kidnapping, and traffic offences. The court imposed cumulative prison terms and departed from the rape minimum sentence.
S v Hausiku (CC 29 of 2019) [2022] NAHCMD 418 (17 August 2022)
The accused was not under imminent attack when he killed the deceased; his claim of self-defence was rejected due to contradictions and lack of credible evidence. The accused's admissions and forensic evidence established his guilt on all counts beyond reasonable doubt. The complainant's evidence was credible and corroborated by DNA and other evidence. The accused's failure to cross-examine on key points undermined his defence. The accused's version was found to be improbable and false.
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Coleman v S (HC-MD-CRI-APP-CAL 61 of 2021) [2022] NAHCMD 31 (4 February 2022)
The appeal court found that the complainant was a credible single witness whose evidence was corroborated in material respects, that rape and kidnapping are distinct offences with different elements and evidentiary requirements, that the trial court properly exercised its discretion regarding the subpoena of witnesses, that the cautionary rule was correctly applied, and that the sentence imposed was not shockingly inappropriate or unreasonable. There was no misdirection by the trial court on any ground of appeal.
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Haibeb v S (2) (CA 45 of 2015) [2017] NAHCMD 37 (17 February 2017)
On appeal, the rape conviction was set aside for lack of proof of penetration, the assault conviction was upheld, and the sentence was reduced to one year.
Prosecutor-General v Kennedy (1) (POCA 2 of 2015) [2017] NAHCMD 26 (6 February 2017)
The applicant failed to prove on a balance of probabilities that the motor vehicle was an instrumentality in the commission of kidnapping or rape. The property was merely incidental to the offences, not instrumental. There was no reasonably direct link between the property and the commission of the offences as required by law.
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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.
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.
S v Tjikuzu (3) (CC 31 of 2008) [2011] NAHC 61 (1 March 2011)
Namibian High Court acquitted the accused of kidnapping and rape charges, but convicted him on an alternative charge involving a sexual act with a child under 16.
S v Teek (1) (SA 44 of 2008) [2009] NASC 5 (28 April 2009)
Namibia Supreme Court set aside a discharge after the State case, holding the trial court misapplied the s 174 test and should have let the charges proceed.
S v Katuta (CA 13 of 2004) [2005] NAHC 12 (15 June 2005)
The prosecution failed to prove beyond reasonable doubt that the appellant inserted his penis into the complainant’s vagina as required by the charge of statutory rape, and the prosecution witnesses were not credible regarding the housebreaking charge. The appellate court lacked statutory authority to substitute a conviction for kidnapping after acquittal at trial.
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