Motshaba v S (A165/2014) [2014] ZAGPPHC 630 (18 August 2014)

Motshaba v S (A165/2014) [2014] ZAGPPHC 630 (18 August 2014)

The court found that the evidence of the two child victims was consistent and corroborated in all material respects, both in their testimony and in their reports to their mothers and the social worker. The appellant's version was inconsistent and not credible. The conviction for rape on count 1 was upheld as the evidence proved penetration by the appellant's finger, satisfying the requirements of section 3 of the Sexual Offences Act. The conviction for indecent assault on count 2 was set aside as the common law crime had been repealed and the evidence did not support any competent verdict under section 261 of the Criminal Procedure Act. The sentence of 10 years imprisonment for rape was...

Citation
[2014] ZAGPPHC 630
Parties
Appellant: Ronnie Moagi Motshaba; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 August 2014
Case Number
A165/2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence on count 1 dismissed; appeal against conviction and sentence on count 2 upheld; conviction and sentence on count 2 set aside.
Judges
J W Louw, M W Msimeki
Legal Topics
Sexual Offences Act, Rape of Minor, Competent Verdicts, Minimum Sentencing, Indecent Assault
Criminal Law Sexual Offences Act Rape of Minor Competent Verdicts Minimum Sentencing Indecent Assault

Case Brief

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Parties

Ronnie Moagi Motshaba

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly convicted of rape on count 1 and indecent assault on count 2.
  2. 2 Whether the sentence imposed for rape was appropriate given the circumstances.
  3. 3 Whether the conviction for indecent assault was competent under the Sexual Offences Act.

Ratio Decidendi

The court found that the evidence of the two child victims was consistent and corroborated in all material respects, both in their testimony and in their reports to their mothers and the social worker. The appellant's version was inconsistent and not credible. The conviction for rape on count 1 was upheld as the evidence proved penetration by the appellant's finger, satisfying the requirements of section 3 of the Sexual Offences Act. The conviction for indecent assault on count 2 was set aside as the common law crime had been repealed and the evidence did not support any competent verdict under section 261 of the Criminal Procedure Act. The sentence of 10 years imprisonment for rape was...

Court Disposition

Appeal against conviction and sentence on count 1 dismissed; appeal against conviction and sentence on count 2 upheld; conviction and sentence on count 2 set aside.

Orders

  • The appeal against the conviction and sentence on count 1 is dismissed.
  • The appeal against the conviction and sentence on count 2 is upheld.