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Namibia decisions
Decisions matching the current search
S v Keukeni (CR 40 of 2022) [2022] NAHCNLD 85 (8 September 2022)
On automatic review, the High Court set aside a magistrates’ court conviction and sentence for common assault, citing procedural irregularity and weak proof.
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.
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.
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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Eino v S (CA 51 of 2016) [2018] NAHCMD 6 (26 January 2018)
The High Court dismissed a rape conviction and sentence appeal, finding the complainant’s evidence credible, corroborated by medical and circumstantial evidence.
S v Hausiku and Others (3) (CC 15 of 2011) [2011] NAHC 161 (8 June 2011)
High Court of Namibia decision refusing a section 174 discharge in a gang-rape trial, finding the complainant’s evidence and corroboration sufficient.
S v Katari (CA 124 of 2004) [2005] NAHC 13 (16 June 2005)
The omission of the date in the charge did not prejudice the appellant as the date was unknown and stated as such; the absence of a complainant does not preclude prosecution; the evidence of the single witness was clear and satisfactory, establishing a prima facie case which, in the absence of rebuttal, became conclusive of guilt; the sentence imposed was not manifestly excessive or inappropriate.
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DTA of Namibia v Prime Minister of the Republic of Namibia and Others (APPEAL 18 of 1995) [1995] NAHC 2 (13 March 1995)
The magistrate correctly assessed the evidence, properly cautioned himself regarding the complainant's condition and single witness status, and relied on corroboration from other witnesses. The sentence was not inappropriate given the circumstances and precedent.
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