CHAPTER 30
EVIDENCE

Conviction may follow on evidence of single witness

233. (1) An accused may be convicted of any offence on the evidence of a single competent witness.

(2) No court may regard the evidence of a child as inherently unreliable and treat such evidence with special caution only because that witness is a child.

Conviction may follow on confession by accused

234. An accused may be convicted of any offence on the single evidence of a confession by that accused that he or she committed the offence in question, if such confession is confirmed in a material respect or, where the confession is not so confirmed, if the offence is proved by evidence, other than such confession, to have been actually committed.

Irrelevant evidence inadmissible

235. No evidence as to any fact, matter or thing is admissible which is irrelevant or immaterial and which cannot conduce to prove or disprove any point or fact at issue in criminal proceedings.

Evidence during criminal proceedings of previous convictions

236. Except where otherwise expressly provided by this Act or any other law or except where the fact of a previous conviction is an element of an offence with which an accused is charged, evidence is not admissible at criminal proceedings in respect of an offence to prove that an accused at such proceedings had previously been convicted of an offence, whether in Namibia or elsewhere, and no accused, if called as a witness, may be asked whether he or she has been so convicted.

Evidence during criminal proceedings of similar offences by accused

237. (1) Subject to subsection (2), in criminal proceedings at which an accused is charged with rape or an offence of an indecent nature, evidence of the commission of other similar offences by the accused must, on application by the prosecutor, be admitted by the court at such proceedings and may be considered on any matter to which it is relevant, but such evidence must only be so admitted if the court is satisfied that it has significant probative value that is not substantially outweighed by its potential for unfair prejudice to the accused.

(2) Evidence of previous similar offences by an accused is not admissible only to prove the character of the accused.

(3) The court’s reasons for its decision to admit or refuse to admit evidence of previous similar offences must be recorded, and those reasons form part of the record of the proceedings.