Namibia Case Law

S v Balzer& Others (CC 14 of 2019)

S v Balzer& Others (CC 14 of 2019) [2021] NAHCMD 111 (17 March 2021)

Court

High Court Main Division

Case number

CC 14 of 2019

Minimum sentences under section 3(1)(a) of the Combating of Rape Act 8 of 2000 do not apply to offenders under 18. Absence of physical injuries does not justify a lesser sentence for rape. Wholly suspended sentences and community service are inappropriate for serious and violent offences such as rape. Sentences for multiple counts of rape arising from the same course of conduct should partially run concurrently to avoid excessive cumulative punishment. No genuine remorse was shown by the accused.

Source excerpt

• Rape
• Sentencing
• Youthful offenders
• Theft
• Minimum sentences
• Remorse

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Tsuseb v S (94 of 2019)

Tsuseb v S (94 of 2019) [2020] NAHCMD 472 (19 October 2020)

Court

High Court Main Division

Case number

94 of 2019

The High Court refused condonation for a late criminal appeal against sentence and struck the matter from the roll, finding no reasonable explanation or prospects of success.

• Appeal
• Condonation
• Sentencing
• Youthful offenders
• Mitigating factors
• Criminal-appeal

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S v Iyambo (1)

S v Iyambo (1) (CRIMINAL 179 of 2007) [2007] NAHC 149 (21 December 2007)

Court

High Court

Case number

CRIMINAL 179 of 2007

The High Court of Namibia reviewed an 18-year-old’s abortion sentence, finding it disproportionate and substituting a far lighter, wholly suspended penalty.

• Abortion
• Sentencing
• Youthful offenders
• Mitigation
• Youthful-offenders
• Criminal-review

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S v Ndjuluwa (CA 17 of 2000)

S v Ndjuluwa (CA 17 of 2000) [2000] NAHC 21 (16 October 2000)

Court

High Court

Case number

CA 17 of 2000

The High Court reduced a sentence for a youthful first offender, holding the magistrate should have considered suspending part of a custodial term.

• Sentencing
• Youthful offenders
• Suspended sentence
• Assault with intent to do grievous bodily harm
• Youthful-offenders
• Suspended-sentence

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