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Namibia Case Law

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Criminal-law [2022] NAHCMD 616

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022)

Karigub v S (HC-MD-CRI-APP-CAL 72 of 2022) [2022] NAHCMD 616 (14 November 2022)

High Court bail appeal dismissed where the appellant failed to show that refusal of bail was wrongly exercised in a rape case involving a minor.

  • Bail
  • Rape
  • Combating-of-domestic-violence
  • Judicial-discretion
  • Onus-of-proof
  • Bail-appeal
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Criminal-law [2022] NAHCMD 508

S v Hausiku (CC 29 of 2019)

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.

  • Murder
  • Robbery-with-aggravating-circumstances
  • Rape
  • Kidnapping
  • Driving-without-a-licence
  • Reckless-driving
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Criminal-law [2022] NAHCMD 334

S v Van Wyk (CC 2 of 2021)

S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 334 (5 July 2022)

Sentencing for rape and abduction of a five-year-old child. The High Court imposed 20 years for rape and 7 years for abduction, with 3 years concurrent.

  • Rape
  • Abduction
  • Sentencing
  • Aggravating-and-mitigating-factors
  • Child-victim
  • Criminal-law
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Criminal-law [2022] NAHCMD 299

S v Van Wyk (CC 2 of 2021)

S v Van Wyk (CC 2 of 2021) [2022] NAHCMD 299 (16 June 2022)

The High Court convicted the accused of rape and abduction, finding forensic and medical evidence proved penile penetration of a five-year-old complainant.

  • Rape
  • Abduction
  • Sexual-offences-against-children
  • Forensic-evidence
  • Child-sexual-offences
  • Dna-evidence
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Criminal-law [2022] NAHCMD 231

Gawiseb v S (CA 54 of 2016)

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.

  • Rape
  • Assault-with-intent-to-do-grievous-bodily-harm
  • Assault-by-threat
  • Minimum-sentencing
  • Single-witness-evidence
  • Appeal-procedure
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Criminal-law [2022] NAHCMD 214

S v Gemeng and Another (CC 20 of 2016)

S v Gemeng and Another (CC 20 of 2016) [2022] NAHCMD 214 (26 April 2022)

The High Court of Namibia imposed 18-year sentences on two accused convicted of rape, finding no substantial and compelling circumstances to depart from the mandatory minimum.

  • Rape
  • Sentencing
  • Mandatory-minimum-sentences
  • Mitigation
  • Substantial-and-compelling-circumstances
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Criminal-law [2022] NAHCMD 145

S v Gemeng and Another (CC 20 of 2016)

S v Gemeng and Another (CC 20 of 2016) [2022] NAHCMD 145 (29 March 2022)

High Court judgment on rape charges based on circumstantial and DNA evidence, with convictions on two counts and acquittals on related assault and complicity counts.

  • Rape
  • Circumstantial-evidence
  • Dna-evidence
  • Assault-with-intent-to-do-grievous-bodily-harm
  • Admissibility-of-extra-judicial-admissions
  • Criminal-law
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Criminal-law [2022] NAHCMD 114

S v Pretorius (CC 2 of 2018)

S v Pretorius (CC 2 of 2018) [2022] NAHCMD 114 (15 March 2022)

The High Court of Namibia sentenced Marthinus Pretorius to 35 years’ imprisonment after convictions for rape and trafficking of minor girls, finding no basis to depart from minimum sentences.

  • Rape
  • Human-trafficking
  • Sentencing
  • Minimum-sentences
  • Mitigating-and-aggravating-factors
  • Criminal-sentencing
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Criminal-law [2022] NAHCMD 80

Mbashe v S (HC-MD-CRI-APP-CAL 42 of 2018)

Mbashe v S (HC-MD-CRI-APP-CAL 42 of 2018) [2022] NAHCMD 80 (1 March 2022)

The High Court dismissed an appeal against two rape convictions and a 20-year sentence, finding the complainant was a credible single witness and the trial court made no misdirection.

  • Rape
  • Single-witness-evidence
  • Credibility-of-witnesses
  • Sentencing
  • Appeals
  • Witness-credibility
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Criminal-law [2022] NAHCMD 55

S v Madjiedt (CC 26 of 2018)

S v Madjiedt (CC 26 of 2018) [2022] NAHCMD 55 (16 February 2022)

The High Court of Namibia partially granted a discharge application at the close of the State’s case, discharging counts 3, its alternative, and 8, but refusing discharge on counts 2, 4, 5, and 6.

  • Discharge-at-close-of-prosecution-case
  • Rape
  • Trafficking-in-persons
  • Assault-by-threat
  • Criminal-procedure
  • Discharge-at-close-of-state-case
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About this LexChat collection

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.