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Namibia Case Law

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Criminal law [2022] NAHCMD 617

S v Jerobeam (CC 6 of 2020)

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.

  • Murder
  • Robbery
  • Conspiracy
  • Theft
  • Defeating or obstructing the course of justice
  • Sentencing
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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] NAHCNLD 82

S v Tjikumisa (CR 38 of 2022)

S v Tjikumisa (CR 38 of 2022) [2022] NAHCNLD 82 (7 September 2022)

The High Court set aside a guilty plea conviction for robbery because the magistrate’s questioning did not establish all elements of the offence under section 112(1)(b).

  • Robbery
  • Plea of guilty
  • Section 112(1)(b) criminal procedure act
  • Automatic review
  • Guilty-plea
  • Section-112-1-b
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Criminal law [2021] NAHCNLD 18

S v Matheus (6)

S v Matheus (6) (CRIMINAL 10 of 2021) [2021] NAHCNLD 18 (4 March 2021)

On automatic review, the High Court confirmed the convictions but corrected the sentencing order to make clear that each accused received 18 months’ imprisonment.

  • Robbery
  • Malicious damage to property
  • Sentencing
  • Automatic review
  • Criminal-law
  • Automatic-review
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Criminal law [2020] NAHCMD 299

Ardnt v S

Ardnt v S [2020] NAHCMD 299 (17 July 2020)

The High Court refused bail, finding the State had a strong prima facie case, a risk of absconding, and that release would not serve the public interest.

  • Bail
  • Murder
  • Robbery
  • Rape
  • Public interest
  • Absconding
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Criminal law [2019] NAHCMD 458

Hafeni v S

Hafeni v S (Criminal Appeal Judgment) (CA 42 of 2017) [2019] NAHCMD 458 (7 November 2019)

Criminal appeal against a robbery conviction dismissed. The court found the identification evidence reliable and no basis to interfere with the magistrate's findings.

  • Robbery with aggravating circumstances
  • Identification evidence
  • Appeal procedure
  • Grounds of appeal
  • Impersonation of police
  • Sentencing appeals
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Criminal law [2016] NAHCMD 256

Kambindu v State (CA 4 of 2016)

Kambindu v State (CA 4 of 2016) [2016] NAHCMD 256 (9 September 2016)

The High Court dismissed a criminal appeal against conviction for housebreaking, robbery and motor vehicle theft, but increased the theft sentence to 30 years.

  • Appeal
  • Sentencing
  • Theft of motor vehicle
  • Housebreaking
  • Robbery
  • Criminal-appeal
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Criminal law [2016] NAHCMD 162

S v Kashawa (CC 9 of 2013)

S v Kashawa (CC 9 of 2013) [2016] NAHCMD 162 (6 July 2016)

Sentencing judgment for multiple violent offences, including rape, robbery, attempted murder and firearm offences, with concurrent sentences and firearm disqualification.

  • Sentencing
  • Housebreaking
  • Robbery
  • Rape
  • Assault
  • Attempted murder
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Criminal law [2016] NAHCMD 6

S v Amukoto

S v Amukoto [2016] NAHCMD 6 (21 January 2016)

The accused did not succeed in appropriating the cash, thus only the elements of attempted robbery were satisfied, not robbery. The conviction for robbery was improper and substituted with attempted robbery. The sentence was reduced accordingly.

  • Robbery
  • Attempted robbery
  • Plea
  • Conviction correction
  • Sentencing
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Criminal law [2011] NAHC 347

S v Neidel and Others (3) (21 of 2006)

S v Neidel and Others (3) (21 of 2006) [2011] NAHC 347 (21 November 2011)

Sentencing judgment after convictions for eight murders and related offences arising from the Kareeboomvloer farm killings, with lengthy custodial terms imposed.

  • Murder
  • Robbery
  • Housebreaking
  • Arson
  • Theft
  • Possession of firearms
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