Kgosiencho v S (CA&R 46/2019) [2019] ZANCHC 57 (8 November 2019)

Kgosiencho v S (CA&R 46/2019) [2019] ZANCHC 57 (8 November 2019)

The appeal succeeded because the trial court erred in accepting the complainant's evidence without sufficient corroboration and failed to adequately address the inconsistencies and improbabilities in her version. The corroboration relied upon by the trial court was vague and did not pertain to material aspects in dispute. The appellant's version was not shown to be so improbable that it could not reasonably possibly be true. The State failed to prove the offence of sexual assault beyond a reasonable doubt, and the conviction and sentence could not stand.

Citation
[2019] ZANCHC 57
Parties
Appellant: Pako Kgosiencho; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
8 November 2019
Case Number
CA&R 46/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction and sentence set aside.
Judges
Williams, Vuma
Legal Topics
Sexual Assault, Single Witness Evidence, Corroboration, Reasonable Doubt
Criminal Law Sexual Assault Single Witness Evidence Corroboration Reasonable Doubt

Case Brief

Summary, issues, holding and outcome

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Parties

Pako Kgosiencho

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court erred in accepting the evidence of the complainant, a single witness, without sufficient corroboration.
  2. 2 Whether the appellant's version was reasonably possibly true and should have been accepted.
  3. 3 Whether the State proved the offence of sexual assault beyond a reasonable doubt.

Ratio Decidendi

The appeal succeeded because the trial court erred in accepting the complainant's evidence without sufficient corroboration and failed to adequately address the inconsistencies and improbabilities in her version. The corroboration relied upon by the trial court was vague and did not pertain to material aspects in dispute. The appellant's version was not shown to be so improbable that it could not reasonably possibly be true. The State failed to prove the offence of sexual assault beyond a reasonable doubt, and the conviction and sentence could not stand.

Court Disposition

Appeal upheld; conviction and sentence set aside.

Orders

  • The appeal succeeds.
  • The conviction and sentence are set aside.