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Isaack v S [2020] NAHCMD 351 (13 August 2020)
Criminal appeal against a murder conviction and 17-year sentence dismissed. The court rejected private defence, found the evidence adequate, and upheld sentence.
S v Haoeb (CA 64 of 2004) [2007] NAHC 44 (19 June 2007)
The court found that the trial court misdirected itself in evaluating the evidence and the issue of private defence. On the objective facts, the appellant could have reasonably apprehended grievous bodily harm, and the State failed to prove beyond reasonable doubt that the use of the knife was unreasonable. The murder conviction could not stand, but the conviction for assault with intent to cause grievous bodily harm was supported by the evidence.
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S v Matheus (1) (SA 11 of 2001) [2002] NASC 7 (2 April 2002)
The accused did not act in justifiable self-defence; he exceeded the bounds of self-defence and was negligent in believing he was entitled to act as he did. The State proved the accused was guilty of culpable homicide, not murder, as there was no direct intent or dolus eventualis.
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S v Cambinda S v Agostino; S v Carvalho (CRIMINAL 7 of 2006) [2006] NAHC 20 (24 January 2006)
The accused did not act in private defence as he was the aggressor and pursued the deceased, who was retreating. The accused's claim of non-pathological incapacity was rejected as a fabrication, unsupported by evidence, and inconsistent with his conduct before and after the killing. The accused acted with direct intent to kill (dolus directus) and is guilty of murder.
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