S v Mashile (CC08/2019) [2020] ZAMPMBHC 6 (25 March 2020)

S v Mashile (CC08/2019) [2020] ZAMPMBHC 6 (25 March 2020)

The court found that the accused, Pat Mashile, was conclusively linked to the serial rapes and robberies by overwhelming forensic DNA evidence. The DNA profile from semen found in the victims matched buccal swabs taken from the accused, with no evidence of tampering or contamination. The identification evidence by several victims was credible, and the accused's denials were illogical, unsupported, and contradicted by the physical evidence. The accused's version did not create a reasonable doubt. The court held that the State proved its case beyond reasonable doubt, and the accused was found guilty on all remaining charges. Minimum sentencing provisions under Act 105 of 1997 were applicable.

Citation
[2020] ZAMPMBHC 6
Parties
Applicant: The State; Respondent: Pat Mashile
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
25 March 2020
Case Number
CC08/2019
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused is found guilty as charged in respect of all the remaining charges – Counts 1-6 & 8-26.
Judges
T.V. Ratshibvumo
Legal Topics
Rape, Dna Evidence, Identification Evidence, Robbery With Aggravating Circumstances, Criminal Procedure Act, Minimum Sentencing
Criminal Law Rape Dna Evidence Identification Evidence Robbery With Aggravating Circumstances Criminal Procedure Act Minimum Sentencing

Case Brief

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Parties

The State

Applicant

Pat Mashile

Respondent

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused is the perpetrator of the serial rapes and robberies charged.
  2. 2 Whether the DNA evidence reliably links the accused to the offences.
  3. 3 Whether the identification evidence by victims is credible and sufficient.

Ratio Decidendi

The court found that the accused, Pat Mashile, was conclusively linked to the serial rapes and robberies by overwhelming forensic DNA evidence. The DNA profile from semen found in the victims matched buccal swabs taken from the accused, with no evidence of tampering or contamination. The identification evidence by several victims was credible, and the accused's denials were illogical, unsupported, and contradicted by the physical evidence. The accused's version did not create a reasonable doubt. The court held that the State proved its case beyond reasonable doubt, and the accused was found guilty on all remaining charges. Minimum sentencing provisions under Act 105 of 1997 were applicable.

Court Disposition

The accused is found guilty as charged in respect of all the remaining charges – Counts 1-6 & 8-26.

Orders

  • The accused is convicted on Counts 1-6 and 8-26.
  • Section 51(1) of Act 105 of 1997 applies to counts 4, 18, 20 & 21; section 51(2) applies to the rest.