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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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S v Esau (CR 70 of 2022) [2022] NAHCMD 386 (2 August 2022)
The High Court set aside a section 174 discharge because the prosecutor lacked Prosecutor General consent to stop the prosecution, and remitted the case for trial.
Majiedt v S (HC-MD-CRI-APP-CAL 33 of 2019) [2022] NAHCMD 227 (6 May 2022)
The High Court upheld an appeal against robbery conviction and sentence, finding the magistrate misdirected herself on intention and that the appellant’s version was not disproved.
Teofelus v S (HC-NLD-CRI-APP-CAL 14 of 2020) [2022] NAHCNLD 44 (22 April 2022)
The High Court set aside a robbery conviction and sentence after finding a grave trial irregularity: the accused was allowed to speak without being sworn in.
Nghiyalwa v S (HC-NLD-CRI-APP-CAL 31 of 2021) [2022] NAHCNLD 24 (25 March 2022)
The High Court accepted condonation for late filing of the appeal, but found no prospects of success and struck the sentence appeal from the roll.
S v Fritz (2) (CC 12 of 2015) [2021] NAHCMD 244 (20 May 2021)
Sentencing judgment for murder, rape, robbery and obstructing justice. The court found no substantial and compelling circumstances for rape and imposed 31 years’ imprisonment.
S v Elia (5) (CC 18 of 2018) [2021] NAHCMD 229 (12 May 2021)
The High Court sentenced Victor Elia to 30 years for murder and concurrent 3-year terms for robbery and defeating justice, after weighing domestic violence, deterrence, and mitigation.
S v Elia (4) (CC 18 of 2018) [2021] NAHCMD 148 (30 March 2021)
The cumulative effect of the circumstantial evidence, including cell phone records placing the accused and deceased in the same vicinity, DNA evidence from the accused's vehicle, and the accused's conduct after the crime, proved beyond reasonable doubt that the accused killed the deceased, robbed her, and attempted to defeat the course of justice.
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Hafeni v S (Criminal Appeal Judgment) (CA 42 of 2017) [2019] NAHCMD 458 (7 November 2019)
Criminal appeal against a robbery conviction dismissed. The court found the identification evidence reliable and no basis to interfere with the magistrate's findings.
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