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Namibia Case Law

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Criminal law [2022] NAHCMD 508

S v Hausiku (CC 29 of 2019)

S v Hausiku (CC 29 of 2019) [2022] NAHCMD 508 (28 September 2022)

Sentencing decision for murder, rape, robbery, kidnapping, and traffic offences. The court imposed cumulative prison terms and departed from the rape minimum sentence.

  • Murder
  • Robbery with aggravating circumstances
  • Rape
  • Kidnapping
  • Driving without a licence
  • Reckless driving
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Criminal law [2022] NAHCMD 418

S v Hausiku (CC 29 of 2019)

S v Hausiku (CC 29 of 2019) [2022] NAHCMD 418 (17 August 2022)

The accused was not under imminent attack when he killed the deceased; his claim of self-defence was rejected due to contradictions and lack of credible evidence. The accused's admissions and forensic evidence established his guilt on all counts beyond reasonable doubt. The complainant's evidence was credible and corroborated by DNA and other evidence. The accused's failure to cross-examine on key points undermined his defence. The accused's version was found to be improbable and false.

  • Murder
  • Robbery with aggravating circumstances
  • Rape
  • Kidnapping
  • Driving without a licence
  • Reckless or negligent driving
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Criminal law [2022] NAHCMD 31

Coleman v S (HC-MD-CRI-APP-CAL 61 of 2021)

Coleman v S (HC-MD-CRI-APP-CAL 61 of 2021) [2022] NAHCMD 31 (4 February 2022)

The appeal court found that the complainant was a credible single witness whose evidence was corroborated in material respects, that rape and kidnapping are distinct offences with different elements and evidentiary requirements, that the trial court properly exercised its discretion regarding the subpoena of witnesses, that the cautionary rule was correctly applied, and that the sentence imposed was not shockingly inappropriate or unreasonable. There was no misdirection by the trial court on any ground of appeal.

  • Rape
  • Kidnapping
  • Single witness evidence
  • Duplication of convictions
  • Sentencing
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Criminal law [2017] NAHCMD 37

Haibeb v S (2) (CA 45 of 2015)

Haibeb v S (2) (CA 45 of 2015) [2017] NAHCMD 37 (17 February 2017)

On appeal, the rape conviction was set aside for lack of proof of penetration, the assault conviction was upheld, and the sentence was reduced to one year.

  • Rape
  • Assault with intent to do grievous bodily harm
  • Kidnapping
  • Appeal against conviction
  • Appeal against sentence
  • Assault-with-intent-to-do-grievous-bodily-harm
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Criminal law [2017] NAHCMD 26

Prosecutor-General v Kennedy (1) (POCA 2 of 2015)

Prosecutor-General v Kennedy (1) (POCA 2 of 2015) [2017] NAHCMD 26 (6 February 2017)

The applicant failed to prove on a balance of probabilities that the motor vehicle was an instrumentality in the commission of kidnapping or rape. The property was merely incidental to the offences, not instrumental. There was no reasonably direct link between the property and the commission of the offences as required by law.

  • Forfeiture of property
  • Instrumentality of crime
  • Kidnapping
  • Rape
  • Poca requirements
  • Balance of probabilities
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Criminal law [2011] NAHC 174

S v Shipanga and Another (5) (CC 2 of 2009)

S v Shipanga and Another (5) (CC 2 of 2009) [2011] NAHC 174 (20 June 2011)

The High Court of Namibia dismissed two convicted men’s application for leave to appeal against convictions and sentences for murder, robbery, kidnapping, and firearm offences.

  • Murder
  • Robbery with aggravating circumstances
  • Kidnapping
  • Unlawful possession of firearms
  • Unlawful possession of ammunition
  • Leave to appeal
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Criminal law [2011] NAHC 139

S v Shipanga and Another (4) (CC 2 of 2009)

S v Shipanga and Another (4) (CC 2 of 2009) [2011] NAHC 139 (26 May 2011)

The High Court of Namibia sentenced two accused for murder, robbery, kidnapping, firearm and ammunition offences, stressing deterrence, retribution and limited mitigation.

  • Murder
  • Robbery with aggravating circumstances
  • Kidnapping
  • Possession of fire-arms without a licence
  • Possession of ammunition
  • Sentencing
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Criminal law [2011] NAHC 61

S v Tjikuzu (3) (CC 31 of 2008)

S v Tjikuzu (3) (CC 31 of 2008) [2011] NAHC 61 (1 March 2011)

Namibian High Court acquitted the accused of kidnapping and rape charges, but convicted him on an alternative charge involving a sexual act with a child under 16.

  • Rape
  • Kidnapping
  • Sexual offences
  • Evidence
  • Identification
  • Consent
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Criminal law [2009] NASC 5

S v Teek (1) (SA 44 of 2008)

S v Teek (1) (SA 44 of 2008) [2009] NASC 5 (28 April 2009)

Namibia Supreme Court set aside a discharge after the State case, holding the trial court misapplied the s 174 test and should have let the charges proceed.

  • Discharge at close of prosecution case
  • Credibility of witnesses
  • Abduction
  • Kidnapping
  • Sexual offences against minors
  • Criminal-procedure
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Criminal law [2005] NAHC 12

S v Katuta (CA 13 of 2004)

S v Katuta (CA 13 of 2004) [2005] NAHC 12 (15 June 2005)

The prosecution failed to prove beyond reasonable doubt that the appellant inserted his penis into the complainant’s vagina as required by the charge of statutory rape, and the prosecution witnesses were not credible regarding the housebreaking charge. The appellate court lacked statutory authority to substitute a conviction for kidnapping after acquittal at trial.

  • Statutory rape
  • Kidnapping
  • Housebreaking
  • Duplication of convictions
  • Powers of appellate 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.