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Namibia decisions
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S v Noble and Another (CC 10 of 2020) [2022] NAHCMD 536 (6 October 2022)
Sentencing judgment for cocaine dealing in Namibia, imposing 12-year prison terms with 5 years suspended and forfeiture of the drugs and packaging.
S v Gemeng and Another (CC 20 of 2016) [2022] NAHCMD 214 (26 April 2022)
The High Court of Namibia imposed 18-year sentences on two accused convicted of rape, finding no substantial and compelling circumstances to depart from the mandatory minimum.
S v Abraham (CC 24 of 2019) [2022] NAHCMD 58 (17 February 2022)
The High Court sentenced a man convicted of murder in a domestic violence context to 26 years’ imprisonment, with 6 years suspended.
S v Thys (CC 19 of 2020) [2021] NAHCMD 190 (27 April 2021)
The High Court sentenced a man to 29 years for murdering his girlfriend in a domestic-violence context, stressing deterrence, brutality, and public interest.
S v Julius (CC 63 of 2007) [2016] NAHCMD 251 (9 August 2016)
The seriousness, premeditation, and breach of trust in the offences, combined with the large sums stolen and lack of genuine remorse, outweigh the personal circumstances of the accused, necessitating deterrent custodial sentences.
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S v Mabuna (CRIMINAL 11 of 2016) [2016] NAHCMD 61 (8 March 2016)
The High Court confirmed a conviction for escaping lawful custody but set aside the sentence because the accused was not allowed to address the court before sentencing.
S v Basson (2) (CC 27 of 2010) [2011] NAHC 113 (12 April 2011)
The gravity, brutality, and premeditated nature of the offences, combined with the need to protect society, outweigh the accused's personal circumstances and plea of guilty. Separate and substantial sentences are warranted for each count, to run consecutively.
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Akwenye v S (CA 117 of 2010) [2011] NAHC 106 (8 April 2011)
The High Court reduced a murder sentence for a 16-year-old mother who killed her newborn, finding the original 15-year term excessive despite the brutality of the offence.
S v Gabriel (2) (Sentence) (CC 17 of 2010) [2011] NAHC 45 (23 February 2011)
The brutal and callous nature of the murder, the number of stab wounds, the lack of genuine remorse, and the devastating impact on the victim's family outweigh the mitigating factors, necessitating a lengthy custodial sentence to serve the interests of retribution and deterrence in domestic violence cases.
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S v Mitlang (CRIMINAL 79 of 2010) [2010] NAHC 165 (26 October 2010)
The sentence imposed by the Magistrate was disproportionate and inappropriate, as it failed to properly consider the accused's financial means and mitigating circumstances, effectively resulting in an unjust custodial sentence for a first offender who did not benefit from the crime.
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