Motshegwa v S (A18/2012) [2019] ZAGPPHC 435 (3 September 2019)

Motshegwa v S (A18/2012) [2019] ZAGPPHC 435 (3 September 2019)

The court found that the trial court exercised appropriate caution in evaluating the evidence of the single child witness, the complainant, and found her evidence clear and satisfactory in all material respects. The minor contradictions between her evidence and that of her cousin were immaterial and did not detract from the reliability of their testimony. The complainant's identification of the appellant was corroborated by her cousin, and both were found to be trustworthy witnesses. The appellant's alibi was considered in the context of all the evidence and was rejected as false, with the appellant's mother found to be siding with him and her evidence not credible. The absence of DNA...

Citation
[2019] ZAGPPHC 435
Parties
Appellant: Aubrey Phakiso Motshegwa; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 September 2019
Case Number
A18/2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction After Trial and Sentence
Outcome
The appeal against the conviction is dismissed.
Judges
E Van der Schyff, M Khumalo
Legal Topics
Rape, Single Witness Evidence, Alibi, Credibility Assessment, Judicial Matters Amendment Act, Criminal Procedure Act
Criminal Law Rape Single Witness Evidence Alibi Credibility Assessment Judicial Matters Amendment Act Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

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Parties

Aubrey Phakiso Motshegwa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction After Trial and Sentence

Legal Issues

  1. 1 Whether the trial court erred in convicting the appellant on the evidence of a single child witness.
  2. 2 Whether the trial court properly assessed the credibility of the complainant and other witnesses.
  3. 3 Whether the appellant's alibi was reasonably possibly true and should have led to acquittal.

Ratio Decidendi

The court found that the trial court exercised appropriate caution in evaluating the evidence of the single child witness, the complainant, and found her evidence clear and satisfactory in all material respects. The minor contradictions between her evidence and that of her cousin were immaterial and did not detract from the reliability of their testimony. The complainant's identification of the appellant was corroborated by her cousin, and both were found to be trustworthy witnesses. The appellant's alibi was considered in the context of all the evidence and was rejected as false, with the appellant's mother found to be siding with him and her evidence not credible. The absence of DNA...

Court Disposition

The appeal against the conviction is dismissed.

Orders

  • The appeal against the conviction is dismissed.