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Namibia decisions
Decisions matching the current search
S v Tsowaseb (HC-MD-CRI-APP-CAL 64 of 2020) [2021] NAHCMD 140 (31 March 2021)
The High Court dismissed a sentence-only appeal against 16 years’ imprisonment for murder, holding the magistrate properly weighed mitigation and seriousness.
Tsuseb v S (94 of 2019) [2020] NAHCMD 472 (19 October 2020)
The High Court refused condonation for a late criminal appeal against sentence and struck the matter from the roll, finding no reasonable explanation or prospects of success.
Van Den Bergh v S (CA 53 of 2016) [2017] NAHCMD 32 (10 February 2017)
The High Court reduced a theft sentence after finding the trial court overemphasised deterrence and gave too little weight to mitigation.
Joseph v S (CA 14 of 2016) [2016] NAHCNLD 96 (28 November 2016)
The High Court upheld an appeal against sentence, finding the magistrate failed to assist an unrepresented accused or record consideration of mitigation.
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.
S v Joly (CA 177 of 2007) [2008] NAHC 7 (5 February 2008)
The trial court misdirected itself by treating the appellant's foreign status and contemporaneous convictions as aggravating factors and by failing to consider time spent in custody awaiting trial. The sentence was therefore set aside and substituted with a reduced custodial sentence.
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S v K (CA 19 of 2004) [2005] NAHC 41 (2 November 2005)
The High Court upheld a rape conviction but reduced a 20-year sentence to 15 years after finding the trial court gave insufficient weight to pre-trial custody.
S v Rudath (CA 109 of 1998) [1999] NAHC 13 (21 September 1999)
The trial magistrate failed to properly consider relevant mitigating factors, including the appellant's intoxication, lack of prior convictions, and personal circumstances, and allowed anger at the appellant's demeanor to cloud judgment, resulting in a sentence that was disproportionate and warranted appellate interference. The sentence was confirmed but 5 years were suspended to reflect a balanced approach to punishment.
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S v Mlambo (CA 32 of 1997) [1997] NAHC 8 (29 September 1997)
The High Court of Namibia reduced a drug-trafficking sentence, finding the magistrate overemphasised cannabis quantity and insufficiently weighed mitigating factors.
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