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Namibia Case Law

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Criminal law [2021] NAHCMD 225

State v Jona

State v Jona (CRIMINAL 39 of 2021) [2021] NAHCMD 225 (12 May 2021)

The magistrate misdirected himself by treating indecent assault in a domestic violence context as a minor offence and convicting under section 112(1)(a) of the CPA; the discretion was not exercised judiciously given the seriousness and violation of dignity involved.

  • Guilty plea
  • Judicial discretion
  • Indecent assault
  • Domestic violence
  • Sentencing
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Criminal law [2021] NAHCMD 136

S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020)

S v Mulandi (HC-MD-CRI-APP-CAL 113 of 2020) [2021] NAHCMD 136 (29 March 2021)

High Court bail appeal dismissed after finding the appellant was untruthful about his residence and had not shown he was a suitable candidate for bail.

  • Bail
  • Refugee status
  • Rape
  • Indecent assault
  • Judicial discretion
  • Appeal procedure
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Criminal law [2020] NAHCMD 251

Waandja v S

Waandja v S [2020] NAHCMD 251 (24 June 2020)

The High Court found that the magistrate correctly exercised her discretion in refusing bail, properly considered the seriousness of the charges, the risk of interference, and the interests of justice, and did not misdirect herself. The appeal court was not satisfied that the magistrate's decision was wrong and therefore dismissed the appeal.

  • Bail
  • Appeal
  • Rape
  • Indecent assault
  • Assault with intent to do grievous bodily harm
  • Domestic violence
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Criminal law [2018] NASC 6

HD v S (SA 13 of 2007)

HD v S (SA 13 of 2007) [2018] NASC 6 (1 March 2018)

The Supreme Court of Namibia upheld a rape conviction involving a child complainant, finding the evidence sufficient and no fatal defect in the charge sheet.

  • Rape
  • Indecent assault
  • Evidence of children
  • Cautionary rule
  • Defective charge sheet
  • Criminal-law
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Criminal law [2011] NAHC 310

S v Eprafas

S v Eprafas (CRIMINAL 32 of 2011) [2011] NAHC 310 (18 October 2011)

On automatic review, the High Court confirmed the indecent assault conviction, set aside the second alternative conviction, and reduced the sentence to 3 years.

  • Indecent assault
  • Assault with intent to do grievous bodily harm
  • Alternative charges
  • Sentencing
  • Review proceedings
  • Criminal-law
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Criminal law [2011] NAHC 260

S v Geiseb (1) (42 of 2009)

S v Geiseb (1) (42 of 2009) [2011] NAHC 260 (22 August 2011)

The court found that the circumstantial evidence, corroborated by multiple witnesses, established beyond reasonable doubt that the accused was the perpetrator of both the rape and the indecent act, despite the absence of DNA evidence.

  • Rape
  • Indecent assault
  • Sexual offences against children
  • Circumstantial evidence
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Criminal law [2010] NAHC 106

S v Kashidule (CC 3 of 2010)

S v Kashidule (CC 3 of 2010) [2010] NAHC 106 (24 September 2010)

Sentencing of a 17-year-old convicted of violent and sexual offences, including rape of a 3.5-month-old baby. The court imposed a lengthy custodial term.

  • Assault with intent to do grievous bodily harm
  • Indecent assault
  • Attempted rape
  • Abduction
  • Rape
  • Sentencing of juveniles
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Criminal law [2001] NASC 2

S v Hanekom (SA 4 of 2000)

S v Hanekom (SA 4 of 2000) [2001] NASC 2 (11 May 2001)

The Supreme Court found that the complainant was not a satisfactory witness, her evidence was contradicted by objective evidence and probabilities, and the corroborative evidence was weak or unreliable. The appellant's version was reasonably possibly true, and the State failed to prove the charges beyond reasonable doubt. The convictions and sentence could not stand.

  • Rape
  • Indecent assault
  • Evidence
  • Appeals
  • Credibility of witnesses
  • Burden of proof
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Criminal law [2000] NAHC 11

S v Rukero (1) (CC 10 of 2000)

S v Rukero (1) (CC 10 of 2000) [2000] NAHC 11 (2 May 2000)

The court found the State's witnesses credible and reliable, particularly Rebina Skeyer, whose testimony was corroborated by other witnesses and medical evidence. The accused's version was rejected as false and inconsistent. The court held that all elements of rape and indecent assault were proved beyond reasonable doubt, including the accused's intention and actions directed at sexual gratification.

  • Rape
  • Indecent assault
  • Sexual offences
  • Evidence
  • Burden of proof
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Criminal law [2000] NAHC 12

S v Rukero (2) (Sentence) (CC 10 of 2000)

S v Rukero (2) (Sentence) (CC 10 of 2000) [2000] NAHC 12 (2 May 2000)

The High Court of Namibia sentenced Nicolaas Rukero to 18 years’ imprisonment after convictions for rape of a 3-year-old and indecent assault of a 13-year-old.

  • Rape
  • Indecent assault
  • Sentencing
  • Indecent-assault
  • Criminal-law
  • High-court
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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.