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Namibia Case Law

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Criminal law [2022] NAHCNLD 109

S v Mesho (CC 4 of 2018)

S v Mesho (CC 4 of 2018) [2022] NAHCNLD 109 (13 October 2022)

The High Court rejected a non-pathological insanity defence and convicted the accused of two murders, with competent verdict convictions on two further counts.

  • Murder
  • Attempted murder
  • Assault
  • Criminal capacity
  • Intoxication
  • Non-pathological insanity
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Criminal law [2016] NAHCMD 47

S v Rickerts

S v Rickerts [2016] NAHCMD 47 (3 March 2016)

Sentencing judgment for murder: the High Court treated intoxication as a limited mitigating factor, placed significant weight on prior violent convictions, and imposed 40 years’ imprisonment.

  • Murder
  • Sentencing
  • Mitigating factors
  • Aggravating factors
  • Intoxication
  • Previous convictions
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Criminal law [2016] NAHCMD 30

S v Rickerts (CC 8 of 2015)

S v Rickerts (CC 8 of 2015) [2016] NAHCMD 30 (25 February 2016)

The High Court of Namibia rejected an intoxication-based incapacity defence, convicted the accused of murder with direct intent, and acquitted him on justice-obstruction charges.

  • Murder
  • Intoxication
  • Criminal capacity
  • Defeating or obstructing the course of justice
  • Criminal-law
  • Intoxication-defence
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Date unavailable
Criminal law [2020] NASC 27

Khariseb v Ministry of Safety and Security (1)

Khariseb v Ministry of Safety and Security (1) [2020] NASC 27 (1 July 2020)

The majority held that, given the lack of clarity and reliability in the only direct evidence of an admission, the inconclusive forensic evidence, and the reasonable possibility that the deceased committed suicide, the State failed to prove the appellant's guilt beyond reasonable doubt. The conviction and sentence could not stand.

  • Murder
  • Burden of proof
  • Admissions
  • Suicide as defence
  • Intoxication
  • Domestic violence
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Date unavailable
Criminal law [2020] NASC 27

Barnard v S (3) (Appeal Judgment) (SA 59 of 2018)

Barnard v S (3) (Appeal Judgment) (SA 59 of 2018) [2020] NASC 27 (7 May 2020)

The majority held that the State failed to prove the appellant's guilt beyond reasonable doubt, as the only direct evidence of the actus reus was an alleged admission by the appellant, which was not clear or reliable due to the appellant's intoxicated and confused state and the single witness's concession that he could have misunderstood the statement. Forensic evidence and scene analysis supported the reasonable possibility of suicide. The appeal was allowed, and the conviction and sentence were set aside.

  • Murder
  • Burden of proof
  • Admissions
  • Circumstantial evidence
  • Suicide defence
  • Intoxication
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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.