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Namibia decisions
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Paulus v S (CC 3 of 2019) [2022] NAHCNLD 104 (30 September 2022)
The application for leave to appeal is defective as it fails to set out clear and specific grounds as required by law, was filed out of time, and was not properly amended or replaced by counsel. The court cannot adjudicate on a defective application, and points in limine are upheld.
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Kativa v S (HC-MD-CRI-APP-CAL 60 of 2021) [2022] NAHCMD 64 (18 February 2022)
The High Court allowed a criminal appeal, finding gross procedural irregularities in the undefended trial that cumulatively caused a failure of justice.
S v Augustu (CRIMINAL 24 of 2021) [2021] NAHCMD 158 (15 April 2021)
The conviction and sentence were set aside because the accused was not questioned about the date, month, and year of the offence, failing to admit all elements required for a valid guilty plea under section 112(1)(b) of the Criminal Procedure Act.
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Nambuli v S (CC 20 of 2012) [2021] NAHCNLD 41 (31 March 2021)
Condonation for non-compliance with Rule 115 of the High Court Rules and section 316 of the Criminal Procedure Act 51 of 1977 is granted. There are no prospects of success on appeal against convictions, but leave to appeal against sentences is granted due to the cumulative effect and inordinate length of the sentences imposed, which may amount to cruel and inhumane punishment as per binding Supreme Court authority.
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S v Willemse (3) (CRIMINAL 15 of 2021) [2021] NAHCMD 98 (8 March 2021)
The conviction and sentence were set aside because the accused's intention at the time of entering the premises was not properly established through questioning, amounting to a misdirection.
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Hanse v S (HC-MD-CRI-APP-CAL 48 of 2018) [2021] NAHCMD 55 (19 February 2021)
The High Court refused leave to appeal in a murder case, finding no reasonable prospects of success on the conviction grounds.
Katunawo v S [2020] NAHCNLD 123 (3 September 2020)
The appellant failed to establish reasonable prospects of success on appeal, and there was no misdirection or manifestly excessive sentence by the trial court. The requirements for condonation were not met.
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Naobeb v S [2020] NAHCMD 226 (15 June 2020)
The High Court partly allowed a stock-theft appeal, reducing four convictions to two because only two cattle were properly identified, and substituted a lighter sentence.
S v Nghilitavali (CRIMINAL 8 of 2016) [2016] NAHCMD 58 (8 March 2016)
The High Court set aside a conviction and sentence after finding that section 112 questioning omitted an essential element and that the suspension wording was incompetent.
S v Kakutheya and Another (CRIMINAL 56 of 2011) [2011] NAHC 207 (15 July 2011)
On review, the High Court of Namibia altered a theft conviction and suspended sentence, limiting the conviction to theft of one solar panel of unknown value.
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