Jantjies v S (A242/2018) [2019] ZAFSHC 16 (28 March 2019)

Jantjies v S (A242/2018) [2019] ZAFSHC 16 (28 March 2019)

The appeal court found that the trial court's factual findings were correct and that the evidence of the child witnesses was credible and corroborated. The appellant's decision to remain silent and not rebut the prima facie case against him was to his detriment. The prescribed minimum sentence of life imprisonment for rape was appropriate, as there were no substantial and compelling circumstances justifying deviation. The court found no irregularity or misdirection in the trial court's exercise of discretion regarding sentence. Accordingly, the appeal against both conviction and sentence was dismissed.

Citation
[2019] ZAFSHC 16
Parties
Appellant: Pheello Johannes Jantjies; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 March 2019
Case Number
A242/2018
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions and sentences dismissed.
Judges
Mathebula, Chesiwe
Legal Topics
Rape, Minimum Sentencing, Child Witness Evidence, Appeal Procedure
Criminal Law Rape Minimum Sentencing Child Witness Evidence Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Pheello Johannes Jantjies

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of rape and attempted rape was correct.
  2. 2 Whether the sentence of life imprisonment for rape was appropriate.
  3. 3 Whether the trial court erred in its factual findings or in the exercise of its discretion regarding sentence.

Ratio Decidendi

The appeal court found that the trial court's factual findings were correct and that the evidence of the child witnesses was credible and corroborated. The appellant's decision to remain silent and not rebut the prima facie case against him was to his detriment. The prescribed minimum sentence of life imprisonment for rape was appropriate, as there were no substantial and compelling circumstances justifying deviation. The court found no irregularity or misdirection in the trial court's exercise of discretion regarding sentence. Accordingly, the appeal against both conviction and sentence was dismissed.

Court Disposition

Appeal against convictions and sentences dismissed.

Orders

  • The appeal against convictions and sentences is dismissed.