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Namibia decisions
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Dumeni and Another v S (HC-MD-CRI-APP-CAL 48 of 2022) [2022] NAHCMD 680 (9 December 2022)
The High Court reduced two escape-from-custody sentences from 36 to 24 months, finding the original sentences harsh and out of step with precedent.
S v Geingob (CR 137 of 2022) [2022] NAHCMD 660 (8 December 2022)
On review, the High Court confirmed a contempt conviction but set aside a six-month sentence as unlawful and substituted 45 days’ imprisonment.
S v Dias (CC 14 of 2011) [2022] NAHCMD 654 (2 December 2022)
The High Court struck the State’s application for leave to appeal against sentence because the notice failed to plead reasonable prospects of success and proper grounds.
S v Van der Westhuizen and Another (CR 121 of 2022) [2022] NAHCMD 619 (14 November 2022)
The High Court confirmed the convictions but amended the sentences, finding the magistrate’s suspended sentence conditions too vague and the treatment of the first offender unfair.
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.
Source excerpt
S v Inotila; S v Martha (CR 62 of 2022) [2022] NAHCNLD 120 (3 November 2022)
The High Court confirmed theft convictions but corrected vague suspended sentences by removing unclear community-service wording and aligning the records with the true sentences.
S v Steenkamp and Others (113 of 2022) [2022] NAHCMD 575 (21 October 2022)
The conviction and sentence were proper, but the sentence formulation was vague and required amendment for clarity and legal certainty.
Source excerpt
Nafuka v S (HC-MD-CRI-APP-CAL 46 of 2022) [2022] NAHCMD 578 (21 October 2022)
The High Court refused condonation for an out-of-time criminal appeal, finding no reasonable explanation for the delay and no prospects of success.
Amatwi v S (HC-MD-CRI-APP-CAL 46 of 2020) [2022] NAHCMD 577 (21 October 2022)
The High Court refused condonation for a late criminal appeal because the appellant failed to show reasonable prospects of success on sentence.
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.
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