S v Mkansi (SS77/2016) [2017] ZAGPJHC 68 (7 March 2017)

S v Mkansi (SS77/2016) [2017] ZAGPJHC 68 (7 March 2017)

The court found that the DNA evidence, corroborated by circumstantial evidence including the modus operandi, location of offences, use of firearms, and cell phone tracing, established beyond reasonable doubt that Mr Mkansi was the perpetrator of the rape, compelled rape, and robbery with aggravating circumstances charges. The accused's inability to explain the presence of his DNA in the victims, his proximity to the crime scenes, and his connection to the cellphones linked to the offences, together with the statistical improbability of coincidental matches, excluded all reasonable inferences except guilt. The accused's version was rejected as false and improbable. The court acquitted Mr...

Citation
[2017] ZAGPJHC 68
Parties
Applicant: The State; Defendant: Mkansi, Josias Xaniseka
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 March 2017
Case Number
SS77/2016
Procedural Posture
Criminal Trial / Judgment
Outcome
Mr Mkansi is convicted on all rape, compelled rape, and robbery with aggravating circumstances counts except counts 64 and 66, on which he is acquitted.
Judges
Opperman
Legal Topics
Rape, Compelled Rape, Robbery With Aggravating Circumstances, Dna Evidence, Identification of Accused, Criminal Procedure
Criminal Law Rape Compelled Rape Robbery With Aggravating Circumstances Dna Evidence Identification of Accused Criminal Procedure

Case Brief

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Parties

The State

Applicant

Mkansi, Josias Xaniseka

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the identity of the perpetrator of the charged crimes has been proven beyond reasonable doubt.
  2. 2 Whether the DNA evidence reliably links the accused to the offences.
  3. 3 Whether the circumstantial evidence excludes all reasonable inferences except guilt.

Ratio Decidendi

The court found that the DNA evidence, corroborated by circumstantial evidence including the modus operandi, location of offences, use of firearms, and cell phone tracing, established beyond reasonable doubt that Mr Mkansi was the perpetrator of the rape, compelled rape, and robbery with aggravating circumstances charges. The accused's inability to explain the presence of his DNA in the victims, his proximity to the crime scenes, and his connection to the cellphones linked to the offences, together with the statistical improbability of coincidental matches, excluded all reasonable inferences except guilt. The accused's version was rejected as false and improbable. The court acquitted Mr...

Court Disposition

Mr Mkansi is convicted on all rape, compelled rape, and robbery with aggravating circumstances counts except counts 64 and 66, on which he is acquitted.

Orders

  • Mr Mkansi is found guilty on counts 25, 35, 38, 41, 43, 45, 47, 48, 50, 52, 54, 56, 59, 61, 62 and 69 as charged.
  • Mr Mkansi is found guilty on counts 27, 36, 39, 49, 51, 53, 55, 68 and 70 as charged.