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Namibia Case Law

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Criminal law [2021] NAHCMD 176

State v Gawanab (CC 31 of 2019)

State v Gawanab (CC 31 of 2019) [2021] NAHCMD 176 (21 April 2021)

The High Court ordered photographs of the accused’s bodily features under s 37(3)(a), finding the step lawful and not self-incriminating.

  • Bodily features evidence
  • Self-incrimination
  • Fair trial rights
  • Identification evidence
  • Criminal-procedure
  • Bodily-features-evidence
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Criminal law [2020] NAHCMD 226

Naobeb v S

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.

  • Stock theft
  • Appeal
  • Conviction
  • Sentence
  • Right to remain silent
  • Identification evidence
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Criminal law [2019] NAHCMD 458

Hafeni v S

Hafeni v S (Criminal Appeal Judgment) (CA 42 of 2017) [2019] NAHCMD 458 (7 November 2019)

Criminal appeal against a robbery conviction dismissed. The court found the identification evidence reliable and no basis to interfere with the magistrate's findings.

  • Robbery with aggravating circumstances
  • Identification evidence
  • Appeal procedure
  • Grounds of appeal
  • Impersonation of police
  • Sentencing appeals
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Criminal law [2016] NAHCMD 229

S v Iipinge (1) (CA 71 of 2015)

S v Iipinge (1) (CA 71 of 2015) [2016] NAHCMD 229 (8 August 2016)

The High Court set aside Barnabas Iipinge’s conviction for housebreaking, holding the evidence did not prove beyond reasonable doubt that he was linked to the offences.

  • Housebreaking
  • Theft
  • Identification evidence
  • Burden of proof
  • Appeal against conviction and sentence
  • Criminal-law
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Criminal law [2012] NAHC 53

Jacob v S (114 of 2009)

Jacob v S (114 of 2009) [2012] NAHC 53 (5 March 2012)

The High Court of Namibia upheld a stock theft conviction, finding the identification and corroborated accomplice evidence sufficient despite criticism of caution and pointing-out evidence.

  • Stock theft
  • Evidence
  • Appeal procedure
  • Identification evidence
  • Accomplice evidence
  • Stock-theft
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Criminal law [2011] NASC 2

S v Nakale (1) (SA 4 of 2010)

S v Nakale (1) (SA 4 of 2010) [2011] NASC 2 (20 April 2011)

The High Court erred in refusing condonation for late filing of the notice of appeal without adequately considering the prospects of success, which were good given the weaknesses in the identification evidence and the fact that the co-accused was acquitted on appeal on the same evidence.

  • Condonation for late filing
  • Appeal procedure
  • Identification evidence
  • Prospects of success
  • Robbery with aggravating circumstances
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Criminal law [2011] NAHC 83

S v Dawids (CA 29 of 2009)

S v Dawids (CA 29 of 2009) [2011] NAHC 83 (18 March 2011)

Appeal dismissed in a rape conviction case, with the High Court upholding the complainant’s identification evidence and the 20-year sentence.

  • Rape
  • Identification evidence
  • Single witness rule
  • Sentencing
  • Appeal procedure
  • Criminal-law
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Criminal law [2007] NAHC 23

S v Thomas and Others (1)

S v Thomas and Others (1) (Criminal Appeal Judgment) (CA 123 of 2003) [2007] NAHC 23 (23 May 2007)

The High Court upheld convictions for robbery and unlawful possession of firearms and ammunition, relying on common purpose, identification, and circumstantial evidence.

  • Robbery
  • Unlawful possession of firearms
  • Unlawful possession of ammunition
  • Doctrine of common purpose
  • Circumstantial evidence
  • Identification evidence
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Criminal law [2005] NAHC 49

S v Avelinu and Others (CC 6 of 2003)

S v Avelinu and Others (CC 6 of 2003) [2005] NAHC 49 (22 November 2005)

High Court of Namibia conviction in a multi-accused robbery and murder case, with acquittals for two accused after assessing common purpose, confessions, and identification evidence.

  • Murder
  • Robbery with aggravating circumstances
  • Defeating or obstructing the course of justice
  • Malicious damage to property
  • Common purpose doctrine
  • Admissibility of confessions
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Criminal law [2005] NAHC 10

S v Nango (CA 171 of 2003)

S v Nango (CA 171 of 2003) [2005] NAHC 10 (8 June 2005)

High Court appeal on rape conviction and sentence. The court upheld a child witness identification as reliable and increased the sentence to 15 years.

  • Rape
  • Identification evidence
  • Child witness
  • Minimum sentencing
  • Criminal-law
  • Identification-evidence
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