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Namibia Case Law

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Criminal law [2016] NAHCMD 251

S v Julius (CC 63 of 2007)

S v Julius (CC 63 of 2007) [2016] NAHCMD 251 (9 August 2016)

The seriousness, premeditation, and breach of trust in the offences, combined with the large sums stolen and lack of genuine remorse, outweigh the personal circumstances of the accused, necessitating deterrent custodial sentences.

  • Robbery with aggravating circumstances
  • Theft
  • Sentencing
  • Breach of trust
  • Premeditation
  • Mitigation
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Criminal law [2011] NAHC 106

Akwenye v S (CA 117 of 2010)

Akwenye v S (CA 117 of 2010) [2011] NAHC 106 (8 April 2011)

The High Court reduced a murder sentence for a 16-year-old mother who killed her newborn, finding the original 15-year term excessive despite the brutality of the offence.

  • Murder
  • Infanticide
  • Sentencing
  • Appeal
  • Mitigation
  • Deterrence
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Criminal law [2011] NAHC 45

S v Gabriel (2) (Sentence) (CC 17 of 2010)

S v Gabriel (2) (Sentence) (CC 17 of 2010) [2011] NAHC 45 (23 February 2011)

The brutal and callous nature of the murder, the number of stab wounds, the lack of genuine remorse, and the devastating impact on the victim's family outweigh the mitigating factors, necessitating a lengthy custodial sentence to serve the interests of retribution and deterrence in domestic violence cases.

  • Murder
  • Domestic violence
  • Sentencing
  • Mitigation
  • Retribution
  • Deterrence
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Criminal law [2010] NAHC 120

S v Munyama (1) (CC 62 of 2007)

S v Munyama (1) (CC 62 of 2007) [2010] NAHC 120 (30 September 2010)

High Court sentencing judgment for fraud and forgery involving NBC funds, focusing on deterrence, abuse of trust, mitigation, remorse, and compensation.

  • Fraud
  • Forgery
  • Sentencing
  • Mitigation
  • Aggravating factors
  • Deterrence
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Criminal law [2000] NAHC 1

S v Paulus (1) (Appeal Judgment) (CA 114 of 1998)

S v Paulus (1) (Appeal Judgment) (CA 114 of 1998) [2000] NAHC 1 (28 March 2000)

The High Court of Namibia set aside a lenient robbery sentence and substituted a custodial term, stressing deterrence and the seriousness of robbery with a knife.

  • Robbery
  • Sentencing
  • Deterrence
  • Use of dangerous weapon
  • Criminal-law
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Criminal law [1996] NAHC 15

S v Mukoso and Others (3) (CC 86 of 1994)

S v Mukoso and Others (3) (CC 86 of 1994) [1996] NAHC 15 (1 August 1996)

The accused's allegations of witchcraft were found to be deliberate fabrications, not supported by credible evidence. Even if a subjective belief in witchcraft existed, Namibian law and the Constitution prohibit reliance on such beliefs as justification for killing. Sentencing must prioritize deterrence and retribution to protect victims' rights and discourage reliance on witchcraft as a mitigating factor. Accused no. 1's terminal illness warranted postponement of sentence, while accused no. 2's position as a teacher and his attempts to deceive the court aggravated his culpability.

  • Murder
  • Culpable homicide
  • Sentencing
  • Witchcraft
  • Mitigation
  • Retribution
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Criminal law [1996] NAHC 8

S v Oxurub (2) (CC 12 of 1996)

S v Oxurub (2) (CC 12 of 1996) [1996] NAHC 8 (8 May 1996)

The High Court of Namibia sentenced Michael Ivan Oxurub to 17 years’ imprisonment for murdering his girlfriend, weighing deterrence, aggravation, and mitigation.

  • Murder
  • Sentencing
  • Mitigation
  • Aggravation
  • Criminal-law
  • Deterrence
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Criminal law [1996] NAHC 3

S v Jacobs (1) (Appeal Judgment) (CA 7 of 1996)

S v Jacobs (1) (Appeal Judgment) (CA 7 of 1996) [1996] NAHC 3 (22 April 1996)

The High Court dismissed a sentence appeal by a first offender convicted of housebreaking and theft, holding that imprisonment was justified by deterrence and the prevalence of the crime.

  • Sentencing
  • Housebreaking
  • Theft
  • First offender
  • Deterrence
  • Retribution
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Criminal law [1994] NAHC 3

S v Francina (CA 52 of 1993)

S v Francina (CA 52 of 1993) [1994] NAHC 3 (28 March 1994)

The High Court of Namibia reduced a sentence for a bank employee convicted of theft, finding that deterrence had been overemphasized relative to mitigation.

  • Theft
  • Sentencing
  • Mitigation
  • Deterrence
  • Abuse of trust
  • Employee-theft
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