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Namibia decisions
Decisions matching the current search
Mapanka v S (54 of 2017) [2017] NAHCMD 262 (8 September 2017)
The High Court set aside a magistrate’s N$50,000 fine for moving cattle without a permit, finding the sentence exceeded jurisdiction and was too severe.
S v Babieb (CRIMINAL 180 of 2007) [2007] NAHC 147 (21 December 2007)
The District Court exceeded its sentencing jurisdiction and failed to properly ascertain the accused's admission regarding the value of the stolen stock, which is a material fact for sentencing. Substantial and compelling circumstances exist, justifying a lesser sentence than the statutory minimum.
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S v Van Rooyen (CA 113 of 1997) [1998] NAHC 9 (31 August 1998)
The High Court of Namibia reduced a custodial sentence for fraud, holding that the appellant’s first-offender status and family circumstances justified a fine and repayment order.
S v Katjivari (2 of 1997) [1998] NAHC 6 (18 May 1998)
A sentence of life imprisonment was not warranted as the murder was committed in a fit of anger, the appellant was a first offender, and there was no evidence of premeditation or risk of repetition. The trial court misdirected itself by failing to properly weigh these mitigating factors.
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Mwaamenange v S (CA 54 of 2016) [2017] NAHCNLD 120 (29 December 2017)
The sentence imposed was unduly harsh and out of sync with sentences for similar offences, as the magistrate overemphasized the prevalence of the offence and failed to adequately consider the appellant's personal and mitigating circumstances as a first offender who showed remorse.
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