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Namibia decisions
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S v Ngueezeta (CR 56 of 2022) [2022] NAHCNLD 113 (17 October 2022)
Automatic review of a stock-theft conviction. The High Court confirmed both convictions, confirmed accused 2’s sentence, but set aside accused 1’s sentence and remitted the matter for resentencing.
S v Naikutu (CR 49 of 2022) [2022] NAHCNLD 98 (27 September 2022)
High Court review confirming a stock-theft conviction and 24-month sentence, while criticizing the magistrate’s unsupported remarks and use of foreign authority.
S v Gaoe (96 of 2022) [2022] NAHCMD 470 (9 September 2022)
The High Court reviewed a magistrates’ court matter involving suspected stolen stock, finding a procedural irregularity but confirming the conviction and sentence.
De Koker v S (HC-MD-CRI-APP-CAL 31 of 2022) [2022] NAHCMD 456 (2 September 2022)
On appeal in a stock-theft case, the High Court set aside the conviction, substituted a conviction under s 3 of the Stock Theft Act, and reduced the sentence.
S v Witbooi (CR 68 of 2022) [2022] NAHCMD 383 (29 July 2022)
The High Court set aside a section 174 acquittal after finding the prosecutor lacked Prosecutor General consent to stop a stock-theft prosecution.
S v Immanuel (CR 29 of 2022) [2022] NAHCNLD 64 (27 June 2022)
On automatic review, the High Court confirmed a conviction and two-year sentence for stock theft, holding that the proceedings were regular and the sentence reasonable.
S v Ueitele; S v Berendt; S v Petrus (CR 53 of 2022) [2022] NAHCMD 292 (10 June 2022)
The sentences imposed were shockingly inappropriate for first offenders who pleaded guilty, as they failed to consider mitigating factors and the element of mercy, resulting in sentences that were too harsh and induced a sense of shock.
Source excerpt
S v Katjoze; S v Tjirimongua and Another (CR 51 of 2022) [2022] NAHCMD 285 (10 June 2022)
The High Court set aside guilty plea convictions for suspected stolen stock, holding that section 112(1)(a) was wrongly used for a non-minor offence.
S v Muhenje (HC-NLD-CRI-APP-SLA 42 of 2021) [2022] NAHCNLD 52 (19 May 2022)
The High Court granted condonation and leave to appeal against sentence in a stock theft case, finding reasonable prospects that the sentence was too lenient.
S v Kandundu (CRIMINAL 43 of 2021) [2021] NAHCMD 238 (18 May 2021)
On review, the High Court confirmed the conviction for stock theft but set aside the sentence because the Stock Theft Act did not permit a fine.
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