S v Mantshongo (CC 53/2022) [2023] ZAECMKHC 7 (19 January 2023)

S v Mantshongo (CC 53/2022) [2023] ZAECMKHC 7 (19 January 2023)

The court found that the accused, by his own admissions in the section 112(2) statement, satisfied all the elements of the offences charged. He described in detail how he accosted and attacked each complainant, used a knife or strangulation to overpower them, and raped them without consent. In the robbery count, the use of a knife was accepted as an aggravating circumstance. The accused acknowledged the wrongful and unlawful nature of his actions and the absence of consent. The court was satisfied that the guilty plea was unequivocal and covered all statutory requirements. Accordingly, the accused was found guilty on all counts as charged.

Citation
[2023] ZAECMKHC 7
Parties
Applicant: The State; Defendant: Xolisani Mantshongo
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
19 January 2023
Case Number
CC 53/2022
Procedural Posture
Criminal Trial / Guilt Phase
Outcome
The accused is found guilty as charged on all counts.
Judges
T Malusi
Legal Topics
Rape, Robbery With Aggravating Circumstances, Criminal Procedure Act Section 112, Sexual Offences Amendment Act, Intent, Consent
Criminal Law Rape Robbery With Aggravating Circumstances Criminal Procedure Act Section 112 Sexual Offences Amendment Act Intent Consent

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Xolisani Mantshongo

Defendant

Procedural Posture

Criminal Trial / Guilt Phase

Legal Issues

  1. 1 Whether the accused admitted all elements of rape and robbery with aggravating circumstances.
  2. 2 Whether the guilty plea satisfies the requirements of section 112(2) of the Criminal Procedure Act.
  3. 3 Whether the use of a knife constitutes an aggravating circumstance for robbery.

Ratio Decidendi

The court found that the accused, by his own admissions in the section 112(2) statement, satisfied all the elements of the offences charged. He described in detail how he accosted and attacked each complainant, used a knife or strangulation to overpower them, and raped them without consent. In the robbery count, the use of a knife was accepted as an aggravating circumstance. The accused acknowledged the wrongful and unlawful nature of his actions and the absence of consent. The court was satisfied that the guilty plea was unequivocal and covered all statutory requirements. Accordingly, the accused was found guilty on all counts as charged.

Court Disposition

The accused is found guilty as charged on all counts.

Orders

  • The accused is convicted on four counts of rape and one count of robbery with aggravating circumstances.