Namibia Case Law

Baumgarten v S (9 of 2016)

Baumgarten v S (9 of 2016) [2017] NAHCMD 179 (30 June 2017)

Court

High Court Main Division

Case number

9 of 2016

The appellant satisfied all requirements for admission of further evidence on appeal. However, due to the original magistrate's prejudicial remarks on the credibility of the new witnesses during bail proceedings, remittal to the same magistrate would be irregular. Therefore, the conviction and sentence are set aside and the matter is to be heard de novo before a different magistrate.

Source excerpt

• Appeal
• Further evidence on appeal
• Remittal
• Rape
• Credibility of witnesses
• Irregularity

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S v Miguel and Others (CA 11 of 2016)

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

Court

High Court Main Division

Case number

CA 11 of 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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