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Namibia Case Law

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Criminal law [2020] NAHCMD 328

Queta v S

Queta v S [2020] NAHCMD 328 (3 August 2020)

Bail appeal dismissed. The High Court held the magistrate was not wrong to treat the appellant as a flight risk and to prefer the investigating officer’s evidence.

  • Bail
  • Flight risk
  • Controlled wildlife products
  • Organised crime
  • Accessory liability
  • Flight-risk
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Criminal law [2018] NAHCMD 399

Barnard v S (2) (CC 5 of 2013)

Barnard v S (2) (CC 5 of 2013) [2018] NAHCMD 399 (6 December 2018)

The applicant failed to show on a balance of probabilities that his admission to bail would not frustrate the due administration of justice or public interest, given the seriousness of the offence, risk of abscondment, and the need to maintain public confidence in the administration of justice. The interests of justice require that the applicant prosecutes the appeal while in custody.

  • Bail pending appeal
  • Murder
  • Domestic violence
  • Flight risk
  • Public interest
  • Administration of justice
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Criminal law [2017] NAHCMD 295

Matali v S (17 of 2016)

Matali v S (17 of 2016) [2017] NAHCMD 295 (17 October 2017)

The High Court of Namibia dismissed a renewed bail application on new facts, holding that the alleged fresh evidence did not outweigh the seriousness of the charges and flight risk.

  • Bail
  • New facts in bail applications
  • Flight risk
  • Serious offences
  • New-facts
  • Flight-risk
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Criminal law [2016] NAHCMD 175

S v Miguel and Others (CA 11 of 2016)

S v Miguel and Others (CA 11 of 2016) [2016] NAHCMD 175 (20 June 2016)

Appeal against refusal of bail dismissed. The High Court found the appellants failed to show they were not a flight risk and the irregularity was not fundamental.

  • Bail
  • Flight risk
  • Jurisdiction
  • Irregularity
  • Public interest
  • Administration of justice
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Criminal law [2011] NAHC 223

S v Kumar Stanis (CC 28 of 2009)

S v Kumar Stanis (CC 28 of 2009) [2011] NAHC 223 (26 July 2011)

The applicant is a foreign national with no substantial ties to Namibia, faces serious charges, and is a flight risk. The interests of justice and the public would not be served by granting bail. Application for bail is refused.

  • Bail application
  • Flight risk
  • Foreign accused
  • Administration of justice
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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.