Fanelo v S (CA&R262/2016) [2018] ZAECGHC 44 (10 April 2018)

Fanelo v S (CA&R262/2016) [2018] ZAECGHC 44 (10 April 2018)

The appeal court found that the regional magistrate materially misdirected herself by failing to evaluate the appellant's evidence and focusing solely on the complainant's account. The evidence did not establish beyond reasonable doubt that the complainant did not consent to sexual intercourse. The complainant's account was marked by contradictions and lacked medical corroboration regarding her alleged 'freezing' during the incident. The probabilities favoured the appellant's version, and there was reasonable doubt as to his guilt. Consequently, the conviction could not stand.

Citation
[2018] ZAECGHC 44
Parties
Appellant: Lunathi Fanelo; Respondent: The State
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
10 April 2018
Case Number
CA&R 262/2016
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From the Regional Court
Outcome
Appeal upheld; conviction set aside; appellant found not guilty and discharged.
Judges
T Malusi, N Beshe
Legal Topics
Rape, Consent, Criminal Procedure, Evaluation of Evidence
Criminal Law Rape Consent Criminal Procedure Evaluation of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Lunathi Fanelo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From the Regional Court

Legal Issues

  1. 1 Whether the complainant consented to sexual intercourse with the appellant.
  2. 2 Whether the trial court properly evaluated the evidence of both the complainant and the appellant.
  3. 3 Whether the conviction was justified on the evidence presented.

Ratio Decidendi

The appeal court found that the regional magistrate materially misdirected herself by failing to evaluate the appellant's evidence and focusing solely on the complainant's account. The evidence did not establish beyond reasonable doubt that the complainant did not consent to sexual intercourse. The complainant's account was marked by contradictions and lacked medical corroboration regarding her alleged 'freezing' during the incident. The probabilities favoured the appellant's version, and there was reasonable doubt as to his guilt. Consequently, the conviction could not stand.

Court Disposition

Appeal upheld; conviction set aside; appellant found not guilty and discharged.

Orders

  • The appeal is upheld.
  • The conviction of the appellant by the court a quo is set aside and replaced with: 'The accused is found not guilty and discharged.'