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Namibia decisions
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S v Amunyela (CC 13 of 2020) [2022] NAHCNLD 130 (13 December 2022)
The High Court of Namibia convicted the accused of murder, finding circumstantial evidence and last-seen evidence excluded any reasonable innocent inference.
S v Jerobeam (CC 6 of 2020) [2022] NAHCMD 617 (14 November 2022)
The seriousness, premeditation, and brutality of the crimes, the vulnerability of the victims, and the absence of remorse outweigh the mitigating factors. Custodial sentences are inevitable, and concurrent sentences are ordered to ensure the total effective sentence is proportionate to the blameworthiness of the accused.
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Ndukireepo v S (HC-MD-CRI-APP-CAL 80 of 2021) [2022] NAHCMD 607 (7 November 2022)
The High Court refused condonation for a late application for leave to appeal in a murder case, finding no reasonable explanation and no prospects of success.
S v Boois (CC 3 of 2022) [2022] NAHCMD 568 (20 October 2022)
The High Court of Namibia sentenced a youthful first offender to 28 years for murder committed in a domestic setting, giving weight to remorse and aggravation.
S v Mesho (CC 4 of 2018) [2022] NAHCNLD 109 (13 October 2022)
The High Court rejected a non-pathological insanity defence and convicted the accused of two murders, with competent verdict convictions on two further counts.
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.
S v Maasdorp (CC 5 of 2021) [2022] NAHCMD 473 (9 September 2022)
The High Court dismissed a section 174 discharge application in a murder and justice-obstruction matter, finding the State led evidence that could support conviction.
S v Katale (CC 5 of 2021) [2022] NAHCNLD 80 (2 September 2022)
The court imposed sentences of 5 years for arson and 23 years for murder (read with the Combating of Domestic Violence Act), with 3 years of the arson sentence to run concurrently with the murder sentence, balancing the seriousness of the offences, the aggravating context of domestic violence, the accused's lack of remorse, and his personal circumstances, while ensuring the sentence is not excessively harsh or inhumane.
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S v Stuurman (CC 3 of 2021) [2022] NAHCMD 454 (1 September 2022)
The gravity and brutality of the murder of a defenceless infant by his biological mother, combined with the need to protect society and deter similar crimes, outweigh the mitigating factors, making a lengthy custodial sentence inescapable.
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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.
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