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Namibia decisions
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Gawiseb v S (CA 54 of 2016) [2022] NAHCMD 231 (10 May 2022)
The High Court upheld rape and assault convictions, but ordered part of the sentences to run concurrently to reduce the cumulative effect of 60 years.
Litebele v S (110 of 2016) [2017] NAHCMD 237 (23 August 2017)
The High Court dismissed a rape conviction appeal, finding the complainant’s evidence corroborated by other witnesses. The 16-year sentence was upheld.
Prosecutor General v Daniel and Others (15 of 2011) [2017] NASC 31 (28 July 2017)
The minimum sentences prescribed by sections 14(1)(a)(ii) and (b) of the Stock Theft Act 12 of 1990 are unconstitutional as they are grossly disproportionate, violate the right to dignity and protection against cruel, inhuman or degrading punishment under Article 8(2)(b) of the Namibian Constitution, and the discretion to depart from the minimum does not cure the constitutional defect. The High Court was correct to entertain the constitutional challenge, and the impugned provisions are struck down without referral to Parliament.
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S v Van Wyk (7) (CA 163 of 2013) [2016] NAHCMD 122 (21 April 2016)
The conviction was supported by credible and corroborated evidence, and no irregularities occurred in the conviction process. However, the magistrate's failure to inform the unrepresented appellant of the specific minimum sentence and the meaning of substantial and compelling circumstances constituted a violation of the right to a fair trial in sentencing, warranting the setting aside of the sentence and a remittal for proper sentencing.
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S v Armstrong (1) (CA 2 of 2008) [2011] NAHC 150 (30 May 2011)
The appellant's own evidence established that he willingly participated in a sexual act with a complainant who was mentally incapacitated and incapable of informed consent, under coercive circumstances as defined by section 2(2)(f)(i) of the Combating of Rape Act, 2000. The trial court misapplied the law regarding attempt and intent, and the only reasonable conclusion is that the appellant was guilty of rape, not attempted rape.
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S v Kornelius (CA 103 of 2009) [2011] NAHC 110 (8 April 2011)
The High Court refused condonation for a late criminal appeal, finding no reasonable prospects of success. It upheld the rape conviction evidence.
Daniel and Another v Attorney General and Others (APPEAL 430 of 2009) [2011] NAHC 66 (10 March 2011)
Sections 14(1)(a)(ii) and 14(1)(b) of the Stock Theft Act 12 of 1990, as amended, are unconstitutional and invalid because the minimum sentences they prescribe are grossly disproportionate, do not allow for proper gradation of punishment, and violate Article 8(2)(b) of the Constitution by amounting to cruel, inhuman or degrading punishment. The statutory discretion for 'substantial and compelling circumstances' does not sufficiently mitigate the constitutional defect, as the legislative benchmark is set so high that it results in sentences that are shocking and disproportionate in a significa…
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S v Nango (CA 171 of 2003) [2005] NAHC 10 (8 June 2005)
High Court appeal on rape conviction and sentence. The court upheld a child witness identification as reliable and increased the sentence to 15 years.
S v Hoaseb (CA 131 of 2004) [2005] NAHC 5 (1 June 2005)
High Court of Namibia held that a knife and broken bottle were not proved to have been used for rape, reducing the minimum sentence from 15 to 10 years.
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