S v Mesho (CC 4 of 2018) [2022] NAHCNLD 109 (13 October 2022)
Court
Northern Local Division
Case number
CC 4 of 2018
The High Court rejected a non-pathological insanity defence and convicted the accused of two murders, with competent verdict convictions on two further counts.
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.
S v Rickerts (CC 8 of 2015) [2016] NAHCMD 30 (25 February 2016)
Court
High Court Main Division
Case number
CC 8 of 2015
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.
Khariseb v Ministry of Safety and Security (1) [2020] NASC 27 (1 July 2020)
Court
Supreme Court
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.
Barnard v S (3) (Appeal Judgment) (SA 59 of 2018) [2020] NASC 27 (7 May 2020)
Court
Supreme Court
Case number
SA 59 of 2018
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.