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Namibia decisions
Decisions matching the current search
S v Mouton (CR 120 of 2022) [2022] NAHCMD 612 (11 November 2022)
High Court review set aside a conviction and sentence after finding that an unrepresented accused’s formal admissions were not properly explained before questioning.
S v Thomas (7) (HC-NLD-CRI-APP-CAL 61 of 2020) [2021] NAHCNLD 30 (25 March 2021)
The High Court set aside an order detaining an unrepresented accused as a State President’s patient because the psychiatric report was not unanimous and was not properly explained.
Nghipunya v S [2020] NAHCNLD 124 (3 September 2020)
The court found that the appellant's explanation for the late filing of the notice of appeal was not reasonable, and there were no prospects of success on the conviction. However, the magistrate failed to comply with statutory guidelines in sentencing, particularly by not explaining minimum sentences and substantial and compelling circumstances to the unrepresented appellant, amounting to a misdirection. The conviction was confirmed, but the sentence was set aside and the matter remitted for sentencing afresh.
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Inicko v The State (HC-NLD-CRIMINALI-APP-CAL 65 of 2019) [2020] NAHCNLD 30 (24 February 2020)
The High Court remitted a rape sentence appeal because the magistrate failed to explain minimum sentence guidelines and substantial and compelling circumstances to an unrepresented accused.
S v Van Wyk (7) (CA 163 of 2013) [2016] NAHCMD 122 (21 April 2016)
The conviction was supported by credible and corroborated evidence, and no irregularities occurred in the conviction process. However, the magistrate's failure to inform the unrepresented appellant of the specific minimum sentence and the meaning of substantial and compelling circumstances constituted a violation of the right to a fair trial in sentencing, warranting the setting aside of the sentence and a remittal for proper sentencing.
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S v Tjaherani (CRIMINAL 60 of 2008) [2008] NAHC 50 (9 June 2008)
The High Court of Namibia confirmed a theft conviction but set aside and replaced the sentence after finding the magistrate failed to assist an unrepresented accused.
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