S v Nyonyane (CC113/01) [2005] ZANWHC 20 (10 March 2005)

S v Nyonyane (CC113/01) [2005] ZANWHC 20 (10 March 2005)

The court found that the material facts were largely common cause and that the only real issue was whether sexual intercourse or rape occurred. The Magistrate made positive credibility findings for the complainant and negative findings against the defence, which the court held could not be questioned. After considering the record and counsel's submissions, the court was satisfied that the applicant did not have reasonable prospects of success on appeal. Accordingly, the application for leave to appeal was dismissed.

Citation
[2005] ZANWHC 20
Parties
Applicant: Nathaniel Pulankane Nonyane; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
10 March 2005
Case Number
CC113/01
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence After Referral for Sentencing and Confirmation.
Outcome
Application for leave to appeal dismissed.
Judges
M T R Mogoeng
Legal Topics
Rape, Leave to Appeal, Credibility of Witnesses, Prospects of Success
Criminal Law Rape Leave to Appeal Credibility of Witnesses Prospects of Success

Case Brief

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Parties

Nathaniel Pulankane Nonyane

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence After Referral for Sentencing and Confirmation.

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against conviction and sentence for rape.
  2. 2 Whether the credibility findings of the trial court can be questioned.

Ratio Decidendi

The court found that the material facts were largely common cause and that the only real issue was whether sexual intercourse or rape occurred. The Magistrate made positive credibility findings for the complainant and negative findings against the defence, which the court held could not be questioned. After considering the record and counsel's submissions, the court was satisfied that the applicant did not have reasonable prospects of success on appeal. Accordingly, the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal against conviction and sentence is dismissed.