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Namibia decisions
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S v Williem (CA 2 of 2016) [2016] NAHCMD 174 (17 June 2016)
The conviction for attempted rape was not supported by evidence beyond reasonable doubt due to material inconsistencies and contradictions in the complainant's evidence, failure to properly apply the cautionary rule for single witness testimony, and misdirection regarding the burden of proof.
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Binga v S (CA 96 of 2014) [2015] NAHCMD 180 (8 May 2015)
The conviction was based on corroborated evidence from the complainant and another witness, not solely on a single witness. Missing portions of the record did not materially affect the court's ability to consider the merits. The appellant's version was highly improbable, and the magistrate was correct in accepting the State's evidence and rejecting the defence.
Source excerpt
Kapia v S (CA 91 of 2010) [2011] NAHC 175 (20 June 2011)
Appeal in a rape conviction was upheld after the High Court found flaws in the evaluation of a child witness’s evidence and lack of assistance to an unrepresented accused.
S v Dawids (CA 29 of 2009) [2011] NAHC 83 (18 March 2011)
Appeal dismissed in a rape conviction case, with the High Court upholding the complainant’s identification evidence and the 20-year sentence.
S v Epafras (CA 32 of 2009) [2011] NAHC 42 (18 February 2011)
The High Court of Namibia upheld an appeal against a rape conviction, finding material contradictions in the complainant’s evidence and inadequate corroboration.
S v Nowaseb (1) (CA 51 of 2005) [2006] NAHC 38 (28 July 2006)
High Court appeal against a conviction for reckless or negligent driving was dismissed. The court upheld the trial court’s credibility findings and sentence.
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