S v Mokoena and Others (618/2005) [2005] ZAFSHC 62 (1 September 2005)

S v Mokoena and Others (618/2005) [2005] ZAFSHC 62 (1 September 2005)

The court found that all accused were properly convicted on count one of indecent assault based on the complainants' evidence, which established their guilt beyond reasonable doubt. However, the second complainant's evidence regarding accused one and three on count two was unreliable and insufficient for conviction, leading to the setting aside of their convictions on that count. The acquittal of accused two on count two was found to be incorrect, as the evidence against him was clear and satisfactory. The absence of medical evidence did not negate the indecent assault convictions, as the intention and conduct of the accused were decisive. Only accused one, three, and five, having serious...

Citation
[2005] ZAFSHC 62
Parties
Applicant: The State; Respondent: Barney Augustus Mokoena; Respondent: Accused Two; Respondent: Accused Three; Respondent: Accused Four; Respondent: Accused Five; Respondent: Accused Six
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 September 2005
Case Number
618/2005
Procedural Posture
Criminal Law / Review of Conviction and Committal for Sentence
Outcome
Convictions on count one confirmed for all accused; convictions on count two confirmed for accused four, five, and six; convictions on count two set aside for accused one and three; accused one, three, and five committed to regional court for sentence; accused two, four, and six to be sentenced by the district court.
Judges
G.H. Bloem, C.B. Cillié
Legal Topics
Indecent Assault, Alibi Defence, Onus of Proof, Committal for Sentence, Previous Convictions, Credibility of Witnesses
Criminal Law Indecent Assault Alibi Defence Onus of Proof Committal for Sentence Previous Convictions Credibility of Witnesses

Case Brief

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Parties

The State

Applicant

Barney Augustus Mokoena

Respondent

Accused Two

Respondent

Accused Three

Respondent

Accused Four

Respondent

Accused Five

Respondent

Accused Six

Respondent

Procedural Posture

Criminal Law / Review of Conviction and Committal for Sentence

Legal Issues

  1. 1 Whether the convictions for indecent assault were justified on the evidence presented.
  2. 2 Whether the deficiencies in the second complainant's evidence warranted acquittal of certain accused on count two.
  3. 3 Whether the absence of medical evidence affected the validity of the convictions.

Ratio Decidendi

The court found that all accused were properly convicted on count one of indecent assault based on the complainants' evidence, which established their guilt beyond reasonable doubt. However, the second complainant's evidence regarding accused one and three on count two was unreliable and insufficient for conviction, leading to the setting aside of their convictions on that count. The acquittal of accused two on count two was found to be incorrect, as the evidence against him was clear and satisfactory. The absence of medical evidence did not negate the indecent assault convictions, as the intention and conduct of the accused were decisive. Only accused one, three, and five, having serious...

Court Disposition

Convictions on count one confirmed for all accused; convictions on count two confirmed for accused four, five, and six; convictions on count two set aside for accused one and three; accused one, three, and five committed to regional court for sentence; accused two, four, and six to be sentenced by the district court.

Orders

  • The conviction of all the accused in respect of count one is confirmed.
  • The conviction of accused four, five, and six in respect of count two is confirmed.