S v Fakude (CC137/14) [2015] ZAGPPHC 656 (24 August 2015)

S v Fakude (CC137/14) [2015] ZAGPPHC 656 (24 August 2015)

The court found that the accused's admissions, plea statement, and formal admissions, together with the documentary evidence, satisfied the substantive requirements for conviction on all counts to which he pleaded guilty. Regarding the rape of Ms J., the court relied on the admitted J88 report showing injuries consistent with forceful penetration, the accused's intent to rape as stated in his own admissions, and his established modus operandi in previous incidents. The court held that these circumstantial facts, together with the accused's silence and lack of explanation for his plea deviation, justified the only reasonable inference that he raped Ms J. The court was satisfied that the...

Citation
[2015] ZAGPPHC 656
Parties
Applicant: The State; Respondent: Thobane Xolani Fakude
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 August 2015
Case Number
CC137/14
Procedural Posture
Criminal Law Trial / Conviction and Judgment
Outcome
The accused is convicted and found guilty on all counts 1 to 13 as charged.
Judges
Lamprecht
Legal Topics
Murder, Rape, Robbery With Aggravating Circumstances, Housebreaking, Attempted Murder, Criminal Procedure Act Section 112
Criminal Law Murder Rape Robbery With Aggravating Circumstances Housebreaking Attempted Murder Criminal Procedure Act Section 112

Case Brief

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Parties

The State

Applicant

Thobane Xolani Fakude

Respondent

Procedural Posture

Criminal Law Trial / Conviction and Judgment

Legal Issues

  1. 1 Whether the accused is guilty of three counts of murder, one of attempted murder, three of housebreaking with intent to rape, rob and murder, three of rape, and three of robbery with aggravating circumstances.
  2. 2 Whether the admissions and plea statements satisfy the substantive requirements of section 112(1)(b) read with (2) of the Criminal Procedure Act.
  3. 3 Whether the accused can be convicted on the count of rape of the surviving victim, Ms J., based on circumstantial evidence and formal admissions.

Ratio Decidendi

The court found that the accused's admissions, plea statement, and formal admissions, together with the documentary evidence, satisfied the substantive requirements for conviction on all counts to which he pleaded guilty. Regarding the rape of Ms J., the court relied on the admitted J88 report showing injuries consistent with forceful penetration, the accused's intent to rape as stated in his own admissions, and his established modus operandi in previous incidents. The court held that these circumstantial facts, together with the accused's silence and lack of explanation for his plea deviation, justified the only reasonable inference that he raped Ms J. The court was satisfied that the...

Court Disposition

The accused is convicted and found guilty on all counts 1 to 13 as charged.

Orders

  • The accused is convicted on three counts of murder, one count of attempted murder, three counts of housebreaking with intent to rape, rob and murder, three counts of rape, and three counts of robbery with aggravating circumstances.