S v Milisi (CC42/2016) [2016] ZAECGHC 150 (27 October 2016)

S v Milisi (CC42/2016) [2016] ZAECGHC 150 (27 October 2016)

The court found that the complainant's testimony, supported by forensic medical evidence, established beyond reasonable doubt that the accused had penetrated her vaginally on three occasions. The accused's confession during cross-examination further corroborated the complainant's account. The evidence did not support penetration per anum, but the essential elements of rape were proved. The accused was found guilty as charged, subject to the qualification regarding the nature of penetration.

Citation
[2016] ZAECGHC 150
Parties
Applicant: The State; Defendant: Mhlabunzuma Milisi
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
27 October 2016
Case Number
CC42/2016
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused is found guilty of rape as charged, subject to the qualification that only vaginal penetration was proved.
Judges
C Plasket
Legal Topics
Rape, Sexual Offences Act, Child Victim, Confession, Burden of Proof
Criminal Law Rape Sexual Offences Act Child Victim Confession Burden of Proof

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Mhlabunzuma Milisi

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally committed acts of sexual penetration with the complainant, a 9-year-old girl, without her consent.
  2. 2 Whether the evidence establishes penetration per vaginam and per anum as alleged in the indictment.

Ratio Decidendi

The court found that the complainant's testimony, supported by forensic medical evidence, established beyond reasonable doubt that the accused had penetrated her vaginally on three occasions. The accused's confession during cross-examination further corroborated the complainant's account. The evidence did not support penetration per anum, but the essential elements of rape were proved. The accused was found guilty as charged, subject to the qualification regarding the nature of penetration.

Court Disposition

The accused is found guilty of rape as charged, subject to the qualification that only vaginal penetration was proved.

Orders

  • The accused is convicted of rape.