Pullen v S (CA&R3319/2013) [2019] ZAECGHC 78; 2019 (2) SACR 605 (ECG) (29 August 2019)

Pullen v S (CA&R3319/2013) [2019] ZAECGHC 78; 2019 (2) SACR 605 (ECG) (29 August 2019)

The appeal succeeded because the State failed to prove beyond reasonable doubt that the complainant was mentally disabled as defined in the Sexual Offences Act. The psychologist's evidence was incomplete and unreliable, and no other evidence established the complainant's incapacity to appreciate the nature and consequences of a sexual act. Furthermore, the State did not prove that the appellant knew or ought to have known of the complainant's mental disability. The complainant's evidence was riddled with inconsistencies and contradictions, and the trial court failed to properly evaluate it. The medical evidence was neutral on the issue of consent and did not support the State's case....

Citation
[2019] ZAECGHC 78
Parties
Appellant: Moeniep Pullen; Respondent: The State
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
29 August 2019
Case Number
CA&R3319/2013
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction and sentence set aside.
Judges
S Rugunanan, R E Griffiths
Legal Topics
Rape, Mental Disability, Sexual Offences Act, Burden of Proof, Single Witness Rule
Criminal Law Rape Mental Disability Sexual Offences Act Burden of Proof Single Witness Rule

Case Brief

Summary, issues, holding and outcome

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Parties

Moeniep Pullen

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the State proved beyond reasonable doubt that the complainant was mentally disabled as defined in the Sexual Offences Act.
  2. 2 Whether the appellant knew or ought to have known that the complainant was mentally disabled.
  3. 3 Whether the complainant's evidence was sufficiently reliable to sustain a conviction.

Ratio Decidendi

The appeal succeeded because the State failed to prove beyond reasonable doubt that the complainant was mentally disabled as defined in the Sexual Offences Act. The psychologist's evidence was incomplete and unreliable, and no other evidence established the complainant's incapacity to appreciate the nature and consequences of a sexual act. Furthermore, the State did not prove that the appellant knew or ought to have known of the complainant's mental disability. The complainant's evidence was riddled with inconsistencies and contradictions, and the trial court failed to properly evaluate it. The medical evidence was neutral on the issue of consent and did not support the State's case....

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • The appeal against conviction and sentence is allowed.
  • The conviction and sentence imposed by the magistrate are set aside.