Madela v S (A447/11) [2011] ZAWCHC 552 (2 December 2011)

Madela v S (A447/11) [2011] ZAWCHC 552 (2 December 2011)

The court found that the appellant's section 112 statement did not admit the essential element of intent required for a conviction of attempted murder. Consequently, the conviction for attempted murder was set aside and replaced with a conviction for assault with intent to cause grievous bodily harm, which was a competent verdict on the charge. The sentence for attempted murder was substituted with a five-year sentence for assault with intent to cause grievous bodily harm, with three years to run concurrently with the ten-year sentence for rape. The court held that the prescribed minimum sentence for rape was appropriate, as no substantial and compelling circumstances were proven to...

Citation
[2011] ZAWCHC 552
Parties
Appellant: Winers Koko Madela; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
2 December 2011
Case Number
A447/11
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Conviction
Outcome
Appeal against the sentence for rape dismissed; conviction for attempted murder set aside and replaced with assault with intent to cause grievous bodily harm; sentence for attempted murder set aside and replaced with five years for assault with intent to cause grievous bodily harm, three years to run concurrently...
Judges
Binns-Ward, McDougall
Legal Topics
Rape, Attempted Murder, Assault With Intent to Cause Grievous Bodily Harm, Minimum Sentencing, Section 112 Criminal Procedure Act
Criminal Law Rape Attempted Murder Assault With Intent to Cause Grievous Bodily Harm Minimum Sentencing Section 112 Criminal Procedure Act

Case Brief

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Parties

Winers Koko Madela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Conviction

Legal Issues

  1. 1 Whether the conviction for attempted murder was supported by sufficient evidence of intent.
  2. 2 Whether the sentence imposed for rape was justified under the prescribed minimum sentencing regime.
  3. 3 Whether the medical report submitted in aggravation of sentence was properly admitted and relevant.

Ratio Decidendi

The court found that the appellant's section 112 statement did not admit the essential element of intent required for a conviction of attempted murder. Consequently, the conviction for attempted murder was set aside and replaced with a conviction for assault with intent to cause grievous bodily harm, which was a competent verdict on the charge. The sentence for attempted murder was substituted with a five-year sentence for assault with intent to cause grievous bodily harm, with three years to run concurrently with the ten-year sentence for rape. The court held that the prescribed minimum sentence for rape was appropriate, as no substantial and compelling circumstances were proven to...

Court Disposition

Appeal against the sentence for rape dismissed; conviction for attempted murder set aside and replaced with assault with intent to cause grievous bodily harm; sentence for attempted murder set aside and replaced with five years for assault with intent to cause grievous bodily harm, three years to run concurrently...

Orders

  • The appeal against the sentence of ten years imprisonment for rape is dismissed.
  • The conviction for attempted murder is set aside and replaced with a conviction for assault with intent to cause grievous bodily harm.