S v Molosi (46/2016) [2017] ZAFSHC 3 (16 January 2017)

S v Molosi (46/2016) [2017] ZAFSHC 3 (16 January 2017)

The court found that the accused's version of consensual intercourse was wholly improbable and contradicted by the credible, consistent evidence of the complainants and corroborating medical reports. The complainant in count 1 was legally incapable of consent due to her age. The modus operandi in all incidents involved violence and threats, particularly the use of a knife. The accused's explanations were rejected as untenable. The state discharged its burden of proof beyond reasonable doubt for all counts. The accused was found guilty of housebreaking with intent to rape and rape (count 1), rape (count 2), robbery (count 3), rape (count 4), and robbery (count 5).

Citation
[2017] ZAFSHC 3
Parties
Applicant: The State; Defendant: Johannes Moliti Phepeng Molosi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 January 2017
Case Number
46/2016
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
The accused was found guilty on all counts: housebreaking with intent to rape and rape (count 1), rape (count 2), robbery (count 3), rape (count 4), and robbery (count 5).
Judges
Bokwa
Legal Topics
Rape, Housebreaking With Intent to Rape, Robbery, Consent in Sexual Offences, Criminal Procedure Act, Minimum Sentencing
Criminal Law Rape Housebreaking With Intent to Rape Robbery Consent in Sexual Offences Criminal Procedure Act Minimum Sentencing

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Parties

The State

Applicant

Johannes Moliti Phepeng Molosi

Defendant

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused committed rape in respect of each complainant without consent.
  2. 2 Whether the accused committed housebreaking with intent to rape.
  3. 3 Whether the accused committed robbery in respect of the complainants.

Ratio Decidendi

The court found that the accused's version of consensual intercourse was wholly improbable and contradicted by the credible, consistent evidence of the complainants and corroborating medical reports. The complainant in count 1 was legally incapable of consent due to her age. The modus operandi in all incidents involved violence and threats, particularly the use of a knife. The accused's explanations were rejected as untenable. The state discharged its burden of proof beyond reasonable doubt for all counts. The accused was found guilty of housebreaking with intent to rape and rape (count 1), rape (count 2), robbery (count 3), rape (count 4), and robbery (count 5).

Court Disposition

The accused was found guilty on all counts: housebreaking with intent to rape and rape (count 1), rape (count 2), robbery (count 3), rape (count 4), and robbery (count 5).

Orders

  • The accused is convicted of housebreaking with intent to rape and rape (count 1).
  • The accused is convicted of rape (count 2).