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Namibia Case Law

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Criminal law [2019] NAHCMD 126

Ndaningina v S (HC-MD-CRIMINALI-APP-CAL 73 of 2018)

Ndaningina v S (HC-MD-CRIMINALI-APP-CAL 73 of 2018) [2019] NAHCMD 126 (29 April 2019)

The High Court upheld an appeal against conviction for theft, finding the trial court relied on uncorroborated single-witness evidence and granted condonation.

  • Theft
  • Possession of suspected stolen property
  • Evidence of single witness
  • Corroboration
  • Burden of proof
  • Condonation for late filing
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Criminal law [2018] NAHCMD 6

Eino v S (CA 51 of 2016)

Eino v S (CA 51 of 2016) [2018] NAHCMD 6 (26 January 2018)

The High Court dismissed a rape conviction and sentence appeal, finding the complainant’s evidence credible, corroborated by medical and circumstantial evidence.

  • Rape
  • Single witness evidence
  • Corroboration
  • Appeal against conviction
  • Appeal against sentence
  • Criminal-law
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Criminal law [2006] NAHC 28

S v Shaanyenenge (CC 8 of 2006)

S v Shaanyenenge (CC 8 of 2006) [2006] NAHC 28 (31 July 2006)

The State failed to prove beyond reasonable doubt that the injuries observed on the complainant were caused by the accused on the night in question, given the evidence of prior sexual abuse and the untrustworthy, contradictory testimony of the child witnesses. The accused's version was reasonably possibly true and the State did not discharge its onus.

  • Rape
  • Burden of proof
  • Child testimony
  • Corroboration
  • Reasonable doubt
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Criminal law [2005] NAHC 8

S v Kutamundu (CA 167 of 2003)

S v Kutamundu (CA 167 of 2003) [2005] NAHC 8 (3 June 2005)

High Court appeal on accomplice evidence in a cattle theft case. The court held the accomplices’ evidence was sufficiently corroborated and dismissed the appeal.

  • Accomplice evidence
  • Corroboration
  • Theft
  • Assessment of witness credibility
  • Accomplice-evidence
  • Criminal-appeal
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Criminal law [2002] NASC 3

S v Monday (SA 8 of 2001)

S v Monday (SA 8 of 2001) [2002] NASC 3 (21 February 2002)

The Supreme Court of Namibia set aside a rape conviction after finding cumulative unfairness in representation, cross-examination, and trial management.

  • Right to fair trial
  • Legal representation
  • Child witness
  • Rape
  • Corroboration
  • Medical evidence
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Criminal law [1999] NAHC 2

S v Shimi (CC 3 of 1999)

S v Shimi (CC 3 of 1999) [1999] NAHC 2 (19 March 1999)

A rape conviction was upheld on the evidence of a young child witness, supported by medical findings and the grandmother’s observations.

  • Rape
  • Evidence
  • Corroboration
  • Cautionary rule
  • Child witness
  • Recent complaint
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Criminal law [1996] NAHC 65

S v Doeseb (2) (CC 123 of 1996)

S v Doeseb (2) (CC 123 of 1996) [1996] NAHC 65 (16 October 1996)

The High Court of Namibia convicted the accused of raping a 6-year-old complainant, relying on the child’s evidence, prompt report, medical findings, and the accused’s own prior plea and statement.

  • Rape
  • Sexual offences
  • Evidence
  • Penetration
  • Corroboration
  • Child witness
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Criminal law [1996] NAHC 18

S v Doeseb (1) (CC 123 of 1996)

S v Doeseb (1) (CC 123 of 1996) [1996] NAHC 18 (19 August 1996)

The High Court of Namibia convicted the accused of raping a 6-year-old complainant, holding that slight penetration suffices and that immediate report supported her evidence.

  • Rape
  • Sexual offences
  • Evidence
  • Penetration
  • Corroboration
  • Sexual-offences
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