Khoale v S (A247/17) [2018] ZAGPJHC 717 (2 February 2018)

Khoale v S (A247/17) [2018] ZAGPJHC 717 (2 February 2018)

The court found that the complainant's evidence, when considered as a whole, was credible and established beyond reasonable doubt that the sexual intercourse was non-consensual. The appellant's version was vague and failed to address critical aspects of the complainant's account. The appellant's own email and SMS messages corroborated the complainant's version and demonstrated his lack of regard for her consent. The court held that the conviction for rape was correct. Regarding sentence, the court accepted that time spent in custody awaiting trial constituted a substantial and compelling circumstance warranting a reduction in the minimum sentence. The sentence was reduced from ten years...

Citation
[2018] ZAGPJHC 717
Parties
Appellant: Khoale, Lerato Oriel; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 February 2018
Case Number
A247/17
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence upheld.
Judges
Vally, July
Legal Topics
Rape, Minimum Sentencing, Consent, Criminal Law Amendment Act, Sentence Reduction
Criminal Law Rape Minimum Sentencing Consent Criminal Law Amendment Act Sentence Reduction

Case Brief

Summary, issues, holding and outcome

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Parties

Khoale, Lerato Oriel

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the complainant consented to sexual intercourse with the appellant.
  2. 2 Whether the conviction for rape was correct on the evidence.
  3. 3 Whether the minimum sentence imposed was justified or should be reduced due to time spent in custody.

Ratio Decidendi

The court found that the complainant's evidence, when considered as a whole, was credible and established beyond reasonable doubt that the sexual intercourse was non-consensual. The appellant's version was vague and failed to address critical aspects of the complainant's account. The appellant's own email and SMS messages corroborated the complainant's version and demonstrated his lack of regard for her consent. The court held that the conviction for rape was correct. Regarding sentence, the court accepted that time spent in custody awaiting trial constituted a substantial and compelling circumstance warranting a reduction in the minimum sentence. The sentence was reduced from ten years...

Court Disposition

Appeal against conviction dismissed; appeal against sentence upheld.

Orders

  • The appeal against conviction is dismissed.
  • The appeal against sentence is granted.