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Namibia decisions
Decisions matching the current search
S v Frederick (47 of 2019) [2022] NAHCMD 35 (8 February 2022)
The High Court granted condonation and leave to appeal after finding procedural irregularities in the magistrate’s acquittal at the close of the State’s case.
S v Immanuel (9) (Appeal Judgment) (CA 53 of 2013) [2016] NAHCNLD 92 (18 November 2016)
The High Court allowed the State’s appeal, set aside an acquittal for theft, and entered a conviction after finding the remaining evidence proved a prima facie case.
S v Mtshibe (3) (90 of 2014) [2016] NASC 21 (22 August 2016)
The Supreme Court of Namibia set aside an acquittal on rape, convicted the respondent on count 2, and adjusted concurrent sentencing on related rape counts.
S v Homses (3) (12 of 2014) [2016] NASC 11 (8 June 2016)
The Supreme Court granted condonation, set aside seventeen acquittals for fraud, convicted the respondent on all twenty-nine counts, and increased sentence.
S v Mbangula and Another (CRIMINAL 53 of 2011) [2011] NAHC 199 (12 July 2011)
The High Court held that the charge against accused 1 had been withdrawn by the prosecutor, so the magistrate was functus officio and accused 1 was acquitted.
Nghipandulwa v S (SA 39 of 2008) [2009] NASC 14 (26 October 2009)
The evidence did not establish beyond reasonable doubt that accused 2 participated in the planning or execution of the robbery or that his conduct after the robbery was in furtherance of it with the necessary mens rea. The State failed to discharge the burden of proof, and the appellant's version was reasonably possibly true.
Source excerpt
S v Bushebi (SCR 1 of 1995) [1996] NASC 4 (12 February 1996)
The Supreme Court refused the State’s review application, holding that a High Court mistake of law was not an irregularity and did not justify setting aside the acquittal.
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