Mothlasedi and Another v S (A91/2017) [2018] ZAGPPHC 516 (6 March 2018)

Mothlasedi and Another v S (A91/2017) [2018] ZAGPPHC 516 (6 March 2018)

The court found that the complainant's evidence was credible and corroborated by her immediate reports to her friend and the police. Her conduct after the incident was inconsistent with having consented to sexual intercourse. The trial court correctly rejected the appellants' versions as improbable and contradictory. The complainant's state of intoxication rendered her unable to give valid consent to sexual intercourse with the second appellant. The first appellant's conduct, including his failure to intervene and his attempt to cover for the second appellant, constituted association with the rape, justifying his conviction as an accomplice. The appeal against both convictions was...

Citation
[2018] ZAGPPHC 516
Parties
Appellant: Stanley Mothlasedi; Appellant: Desmond Chris Mothlasedi; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 March 2018
Case Number
A91/2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed; convictions of both appellants upheld.
Judges
M J Teffo, N Davis
Legal Topics
Rape, Accomplice Liability, Consent, Credibility of Single Witness, Sexual Offences Act
Criminal Law Rape Accomplice Liability Consent Credibility of Single Witness Sexual Offences Act

Case Brief

Summary, issues, holding and outcome

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Parties

Stanley Mothlasedi

Appellant

Desmond Chris Mothlasedi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the complainant consented to sexual intercourse with the second appellant.
  2. 2 Whether the first appellant was correctly convicted as an accomplice to rape.
  3. 3 Whether the trial court erred in its assessment of the evidence and credibility of witnesses.

Ratio Decidendi

The court found that the complainant's evidence was credible and corroborated by her immediate reports to her friend and the police. Her conduct after the incident was inconsistent with having consented to sexual intercourse. The trial court correctly rejected the appellants' versions as improbable and contradictory. The complainant's state of intoxication rendered her unable to give valid consent to sexual intercourse with the second appellant. The first appellant's conduct, including his failure to intervene and his attempt to cover for the second appellant, constituted association with the rape, justifying his conviction as an accomplice. The appeal against both convictions was...

Court Disposition

Appeal dismissed; convictions of both appellants upheld.

Orders

  • The appeal against the convictions of the first and second appellants is dismissed.