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Namibia decisions
Decisions matching the current search
Paulus v S (CC 3 of 2019) [2022] NAHCNLD 104 (30 September 2022)
The application for leave to appeal is defective as it fails to set out clear and specific grounds as required by law, was filed out of time, and was not properly amended or replaced by counsel. The court cannot adjudicate on a defective application, and points in limine are upheld.
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Kativa v S (HC-MD-CRI-APP-CAL 60 of 2021) [2022] NAHCMD 64 (18 February 2022)
The High Court allowed a criminal appeal, finding gross procedural irregularities in the undefended trial that cumulatively caused a failure of justice.
S v Augustu (CRIMINAL 24 of 2021) [2021] NAHCMD 158 (15 April 2021)
The conviction and sentence were set aside because the accused was not questioned about the date, month, and year of the offence, failing to admit all elements required for a valid guilty plea under section 112(1)(b) of the Criminal Procedure Act.
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Hanse v S (HC-MD-CRI-APP-CAL 48 of 2018) [2021] NAHCMD 55 (19 February 2021)
The High Court refused leave to appeal in a murder case, finding no reasonable prospects of success on the conviction grounds.
Katunawo v S [2020] NAHCNLD 123 (3 September 2020)
The appellant failed to establish reasonable prospects of success on appeal, and there was no misdirection or manifestly excessive sentence by the trial court. The requirements for condonation were not met.
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Naobeb v S [2020] NAHCMD 226 (15 June 2020)
The High Court partly allowed a stock-theft appeal, reducing four convictions to two because only two cattle were properly identified, and substituted a lighter sentence.
S v Gowaseb (5) (CA 29 of 2015) [2016] NAHCMD 124 (21 April 2016)
The High Court dismissed a rape appeal, upholding a 18-year sentence and finding no acceptable explanation for the late filing of the notice of appeal.
S v Nghilitavali (CRIMINAL 8 of 2016) [2016] NAHCMD 58 (8 March 2016)
The High Court set aside a conviction and sentence after finding that section 112 questioning omitted an essential element and that the suspension wording was incompetent.
S v Ganeb (4) (Application for leave to appeal) (CA 28 of 2008) [2011] NAHC 277 (16 September 2011)
The High Court dismissed an out-of-time application for leave to appeal because no proper condonation application or affidavit explained the delay, and no prospects of success were shown.
Shilulu v S (CA 113 of 2008) [2010] NAHC 40 (18 June 2010)
The High Court dismissed a criminal appeal because the appellant filed no grounds of appeal and gave no basis to disturb his conviction or sentence.
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