Mhlango and Others v S (A613/2008) [2009] ZAGPJHC 105 (13 March 2009)

Mhlango and Others v S (A613/2008) [2009] ZAGPJHC 105 (13 March 2009)

The court found that the evidence established the guilt of all appellants for robbery with aggravating circumstances and of appellants 2 and 3 for rape. The first appellant was not implicated by DNA evidence and did not have sexual intercourse with the complainant; thus, his conviction for rape was substituted with indecent assault, as the doctrine of common purpose does not extend to rape in these circumstances. The court held that the Regional Court was empowered to impose life imprisonment for rape following legislative amendments, but that the proceedings should be concluded under the law as it stood prior to the Sexual Offences Act. The court found substantial and compelling...

Citation
[2009] ZAGPJHC 105
Parties
Appellant: Rogers Mhlango; Appellant: Edward Petros Langa; Appellant: Justice Petros Langa; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 March 2009
Case Number
A613/2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals of the first and third appellants succeed in part; the appeal of the second appellant succeeds in whole.
Judges
F.R. Malan, P.A. Meyer
Legal Topics
Rape, Robbery With Aggravating Circumstances, Sentencing Jurisdiction, Minimum Sentences, Common Purpose, Indecent Assault
Criminal Law Rape Robbery With Aggravating Circumstances Sentencing Jurisdiction Minimum Sentences Common Purpose Indecent Assault

Case Brief

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Parties

Rogers Mhlango

Appellant

Edward Petros Langa

Appellant

Justice Petros Langa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of rape and robbery with aggravating circumstances were correctly made.
  2. 2 Whether the sentences imposed, including life imprisonment, were competent and appropriate under the law at the relevant time.
  3. 3 Whether the doctrine of common purpose was correctly applied to the rape conviction of the first appellant.

Ratio Decidendi

The court found that the evidence established the guilt of all appellants for robbery with aggravating circumstances and of appellants 2 and 3 for rape. The first appellant was not implicated by DNA evidence and did not have sexual intercourse with the complainant; thus, his conviction for rape was substituted with indecent assault, as the doctrine of common purpose does not extend to rape in these circumstances. The court held that the Regional Court was empowered to impose life imprisonment for rape following legislative amendments, but that the proceedings should be concluded under the law as it stood prior to the Sexual Offences Act. The court found substantial and compelling...

Court Disposition

Appeals of the first and third appellants succeed in part; the appeal of the second appellant succeeds in whole.

Orders

  • The first appellant's conviction of rape and sentence of life imprisonment are set aside and substituted with a conviction of indecent assault and a sentence of eight years' imprisonment, to run concurrently with his fifteen-year sentence for robbery with aggravating circumstances.
  • The first appellant's appeal against his conviction and sentence for robbery with aggravating circumstances is dismissed.