S v Rakanang (84/2007) [2007] ZANWHC 68 (1 November 2007)

S v Rakanang (84/2007) [2007] ZANWHC 68 (1 November 2007)

The court found that the record for counts 2 and 3 was missing and could not be reconstructed from the notes of the presiding officer or the prosecutor, nor from the audio cassettes. In the absence of a complete record, the convictions and sentences for counts 2 and 3 could not be confirmed and were set aside. The conviction and sentence for count 1, for which the record was complete, was confirmed.

Citation
[2007] ZANWHC 68
Parties
Applicant: The State; Respondent: Kuli Rakanang
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
1 November 2007
Case Number
84/2007
Procedural Posture
Review Application / Review Judgment
Outcome
Conviction and sentence in count 1 confirmed; conviction and sentence in counts 2 and 3 set aside.
Judges
R H MotSomane, A A Landman
Legal Topics
Record Reconstruction, Setting Aside Conviction, Confirmation of Sentence
Criminal Law Record Reconstruction Setting Aside Conviction Confirmation of Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Kuli Rakanang

Respondent

Procedural Posture

Review Application / Review Judgment

Legal Issues

  1. 1 Whether the record of proceedings could be reconstructed for counts 2 and 3.
  2. 2 Whether convictions and sentences for counts 2 and 3 should stand in the absence of evidence.

Ratio Decidendi

The court found that the record for counts 2 and 3 was missing and could not be reconstructed from the notes of the presiding officer or the prosecutor, nor from the audio cassettes. In the absence of a complete record, the convictions and sentences for counts 2 and 3 could not be confirmed and were set aside. The conviction and sentence for count 1, for which the record was complete, was confirmed.

Court Disposition

Conviction and sentence in count 1 confirmed; conviction and sentence in counts 2 and 3 set aside.

Orders

  • Conviction and sentence in count 1 is confirmed.
  • Conviction and sentence in respect of counts 2 and 3 is set aside.