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Namibia decisions
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S v Angula (4) (CC 16 of 2013) [2016] NAHCMD 142 (12 May 2016)
The accused genuinely believed he was in danger and acted in self-defence when he struck the deceased, but exceeded the bounds of self-defence by striking her further after she was already incapacitated, negating intent for murder but establishing culpable homicide.
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S v Kariko (1) (CC 18 of 2009) [2010] NAHC 195 (23 November 2010)
The accused's version of events was not contradicted by any witness; the State failed to prove murder and robbery beyond reasonable doubt. The accused acted in self defence regarding the killing, and the assault was lawful. However, the accused unlawfully took property from the deceased after the incident, constituting theft, and took steps to conceal evidence and frustrate police investigation, constituting defeating or obstructing the course of justice.
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S v Eiseb (4) (Appeal Judgment) (CA 28 of 2009) [2010] NAHC 194 (22 November 2010)
The High Court of Namibia dismissed an application for leave to appeal, finding no reasonable prospects of success on appeal against conviction and sentence.
S v Rittman (2) (CA 63 of 2009) [2010] NAHC 150 (12 October 2010)
A criminal appeal over assault with intent to do grievous bodily harm succeeded after the court found the appellant acted in self-defence or defence of property.
S v Uirab (2) (CC 21 of 2009) [2010] NAHC 132 (4 October 2010)
The accused exceeded the bounds of self-defence and realized the reasonable possibility that his actions could cause death but was reckless as to the result. The State proved beyond reasonable doubt that the accused had intention to kill in the form of dolus eventualis. The accused is guilty of murder with intent and of attempting to defeat or obstruct the course of justice.
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