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Namibia Case Law

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Criminal law [2011] NAHC 220

S v Malumo and Others (10) (CC 32 of 2001)

S v Malumo and Others (10) (CC 32 of 2001) [2011] NAHC 220 (19 July 2011)

The High Court refused to admit Exhibit EPA as documentary evidence, holding the accused’s handwritten statement was a confession and that confession requirements were not met.

  • Admissibility of confessions
  • Documentary evidence
  • High treason
  • Police procedure
  • Admissibility-of-confessions
  • Documentary-evidence
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Criminal law [2010] NAHCMD 1

S v Malumo and Others (5) (CC 32 of 2001)

S v Malumo and Others (5) (CC 32 of 2001) [2010] NAHCMD 1 (1 March 2010)

The State failed to prove beyond reasonable doubt that the confessions and admissions were made freely and voluntarily, as required by law. The accused were not adequately informed of their right to legal representation, including legal aid, and magistrates failed to investigate allegations of coercion or clarify ambivalent answers. These failures constitute fatal irregularities and violations of the right to a fair trial, rendering all the statements inadmissible.

  • Admissibility of confessions
  • Voluntariness of statements
  • Right to legal representation
  • Right to legal aid
  • Fair trial rights
  • Police conduct
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Criminal law [2005] NAHC 49

S v Avelinu and Others (CC 6 of 2003)

S v Avelinu and Others (CC 6 of 2003) [2005] NAHC 49 (22 November 2005)

High Court of Namibia conviction in a multi-accused robbery and murder case, with acquittals for two accused after assessing common purpose, confessions, and identification evidence.

  • Murder
  • Robbery with aggravating circumstances
  • Defeating or obstructing the course of justice
  • Malicious damage to property
  • Common purpose doctrine
  • Admissibility of confessions
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Criminal law [1993] NAHC 8

S v Tjihorero and Another (CA 21 of 1993)

S v Tjihorero and Another (CA 21 of 1993) [1993] NAHC 8 (29 October 1993)

High Court of Namibia appeal on the admissibility of confessions, holding one statement inadmissible for undue influence and upholding the other.

  • Admissibility of confessions
  • Undue influence
  • Voluntariness of statements
  • Confession-admissibility
  • Undue-influence
  • Voluntariness
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Criminal law [1992] NAHC 2

S v Ndikwetepo and Others (1) (CC 61 of 1992)

S v Ndikwetepo and Others (1) (CC 61 of 1992) [1992] NAHC 2 (6 July 1992)

High Court ruling in a trial within a trial on whether statements by accused nos. 3, 4 and 7 were voluntary and admissible.

  • Admissibility of confessions
  • Voluntariness of statements
  • Trial within a trial
  • Police procedure
  • Criminal-procedure
  • Confessions
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