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Namibia Case Law

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Criminal law [2022] NAHCMD 647

S v Amib (CR 103 of 2022)

S v Amib (CR 103 of 2022) [2022] NAHCMD 647 (29 November 2022)

The High Court set aside a conviction and sentence after finding that the magistrate failed to properly question the accused under section 112(1)(b) and risked duplication of convictions.

  • Assault with intent to do grievous bodily harm
  • Assault by threat
  • Duplication of convictions
  • Plea questioning
  • Section 112(1)(b) criminal procedure act
  • Criminal-review
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Criminal law [2022] NAHCMD 342

S v Patrick (CR 58 of 2022)

S v Patrick (CR 58 of 2022) [2022] NAHCMD 342 (1 July 2022)

High Court review setting aside an attempted murder conviction and substituting assault with intent to do grievous bodily harm, with remittal for fresh sentencing.

  • Attempted murder
  • Assault with intent to do grievous bodily harm
  • Review proceedings
  • Attempted-murder
  • Assault-with-intent-to-do-grievous-bodily-harm
  • Criminal-review
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Criminal law [2022] NAHCMD 231

Gawiseb v S (CA 54 of 2016)

Gawiseb v S (CA 54 of 2016) [2022] NAHCMD 231 (10 May 2022)

The High Court upheld rape and assault convictions, but ordered part of the sentences to run concurrently to reduce the cumulative effect of 60 years.

  • Rape
  • Assault with intent to do grievous bodily harm
  • Assault by threat
  • Minimum sentencing
  • Single witness evidence
  • Appeal procedure
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Criminal law [2022] NAHCMD 145

S v Gemeng and Another (CC 20 of 2016)

S v Gemeng and Another (CC 20 of 2016) [2022] NAHCMD 145 (29 March 2022)

High Court judgment on rape charges based on circumstantial and DNA evidence, with convictions on two counts and acquittals on related assault and complicity counts.

  • Rape
  • Circumstantial evidence
  • Dna evidence
  • Assault with intent to do grievous bodily harm
  • Admissibility of extra-judicial admissions
  • Circumstantial-evidence
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Criminal law [2022] NAHCNLD 25

S v Mutuka (CC 2 of 2021)

S v Mutuka (CC 2 of 2021) [2022] NAHCNLD 25 (28 March 2022)

Sentencing decision for assault with intent to do grievous bodily harm against a toddler in a domestic context; five years' imprisonment, two suspended.

  • Sentencing
  • Assault with intent to do grievous bodily harm
  • Domestic violence
  • Mitigation and aggravation of sentence
  • Assault-with-intent-to-do-grievous-bodily-harm
  • Domestic-violence
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Criminal law [2022] NAHCMD 129

Ameb v S (CR 12 of 2022)

Ameb v S (CR 12 of 2022) [2022] NAHCMD 129 (23 March 2022)

On review, the High Court confirmed the convictions, but set aside count 1’s sentence because direct imprisonment was incompetent under the Criminal Procedure Act.

  • Malicious damage to property
  • Assault with intent to do grievous bodily harm
  • Sentencing
  • Review proceedings
  • Criminal-law
  • Review-proceedings
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Criminal law [2021] NAHCNLD 48

Joseph v S (HC-NLD-CRI-APP-CAL 56 of 2020)

Joseph v S (HC-NLD-CRI-APP-CAL 56 of 2020) [2021] NAHCNLD 48 (26 May 2021)

The High Court altered a domestic-violence conviction on appeal, found no proven domestic relationship, and substituted a partially suspended prison sentence.

  • Assault with intent to do grievous bodily harm
  • Domestic violence act interpretation
  • Sentencing principles
  • Inherent jurisdiction of high court
  • Appeal procedure
  • Criminal-appeal
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Criminal law [2021] NAHCMD 216

S v Ixulu

S v Ixulu (CRIMINAL 33 of 2021) [2021] NAHCMD 216 (10 May 2021)

High Court review in a criminal matter set aside the conviction and sentence on count one for inadequate section 112 questioning, and confirmed count two.

  • Plea of guilty
  • Section 112 criminal procedure act
  • Sentencing of minors
  • Assault with intent to do grievous bodily harm
  • Crimen injuria
  • Domestic violence
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Criminal law [2021] NAHCNLD 184

S v Kandjimi and S v Karupeteka

S v Kandjimi and S v Karupeteka (CRIMINAL 28 of 2021) [2021] NAHCNLD 184 (23 April 2021)

The High Court confirmed two convictions but reduced and suspended the sentences, finding the magistrate had overemphasized offence seriousness over the accuseds’ personal circumstances.

  • Assault on police officer
  • Assault with intent to do grievous bodily harm
  • Domestic violence
  • Sentencing
  • Review of sentence
  • Criminal-sentencing
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Criminal law [2021] NAHCMD 163

S v Sipahu

S v Sipahu (CRIMINAL 26 of 2021) [2021] NAHCMD 163 (16 April 2021)

The conviction and sentence were not in accordance with justice because the accused's state of intoxication raised doubt as to his capacity, and the magistrate failed to follow the correct procedure by not entering a plea of not guilty under s 113 of the CPA. The sentence was also disproportionate.

  • Assault with intent to do grievous bodily harm
  • Drunkenness as a defence
  • Plea procedures
  • Proportionality of sentence
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Namibia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.