S v Luruli and Another (SS 63/11) [2012] ZAGPJHC 293 (17 July 2012)

S v Luruli and Another (SS 63/11) [2012] ZAGPJHC 293 (17 July 2012)

The court found the evidence of the complainants, Mr P, and supporting witnesses credible and corroborated. DNA evidence conclusively linked accused 1 to the sexual offences. The accused's versions were contradictory, evasive, and unsupported by the evidence. The doctrine of common purpose was established, as the accused acted in concert to commit robbery and sexual offences. The statement made by accused 2 was admissible, as he was not a suspect at the time and gave it voluntarily. The State proved the guilt of both accused beyond reasonable doubt on all charges except possession of ammunition, for which no evidence was led. The accused were found guilty of robbery with aggravating...

Citation
[2012] ZAGPJHC 293
Parties
Applicant: State; Defendant: Richard Tshifhiwa Luruli; Defendant: Michael Khorombi
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 July 2012
Case Number
SS 63/11
Procedural Posture
Criminal Trial / Judgment
Outcome
Both accused found guilty of robbery with aggravating circumstances, unlawful possession of a firearm, eight counts of rape, two counts of compelled sexual assault, and two counts of compelling another to commit a sexual offence. Both accused found not guilty of possession of ammunition.
Judges
Weiner
Legal Topics
Rape, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Compelled Sexual Assault, Common Purpose, Admissibility of Statements
Criminal Law Rape Robbery With Aggravating Circumstances Unlawful Possession of Firearm Compelled Sexual Assault Common Purpose Admissibility of Statements

Case Brief

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Parties

State

Applicant

Richard Tshifhiwa Luruli

Defendant

Michael Khorombi

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused are guilty of robbery with aggravating circumstances.
  2. 2 Whether the accused are guilty of unlawful possession of a firearm.
  3. 3 Whether the accused are guilty of rape and compelled sexual assault.

Ratio Decidendi

The court found the evidence of the complainants, Mr P, and supporting witnesses credible and corroborated. DNA evidence conclusively linked accused 1 to the sexual offences. The accused's versions were contradictory, evasive, and unsupported by the evidence. The doctrine of common purpose was established, as the accused acted in concert to commit robbery and sexual offences. The statement made by accused 2 was admissible, as he was not a suspect at the time and gave it voluntarily. The State proved the guilt of both accused beyond reasonable doubt on all charges except possession of ammunition, for which no evidence was led. The accused were found guilty of robbery with aggravating...

Court Disposition

Both accused found guilty of robbery with aggravating circumstances, unlawful possession of a firearm, eight counts of rape, two counts of compelled sexual assault, and two counts of compelling another to commit a sexual offence. Both accused found not guilty of possession of ammunition.

Orders

  • Accused 1 and Accused 2 are convicted on counts 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 as set out in the judgment.
  • Accused 1 and Accused 2 are acquitted on count 3 (possession of ammunition).