S v Tau and Another (A2898/03) [2005] ZAGPHC 328 (3 October 2005)

S v Tau and Another (A2898/03) [2005] ZAGPHC 328 (3 October 2005)

The court found that the contradictions in the evidence of the witnesses to whom the complainant reported the rape were minor and did not affect the veracity of their testimony. The complainant's account was corroborated by her conduct and the medical evidence confirming her pregnancy. The defense of consent was rejected as highly improbable, especially given the complainant's pregnancy and the circumstances of the assault. The absence of a guardian for appellant 1 did not result in unfairness or prejudice, as he was legally represented and the record showed no procedural irregularity. The minimum sentence of 15 years' imprisonment for each count of rape was justified, but given appellant...

Citation
[2005] ZAGPHC 328
Parties
Appellant: Simon Thabiso Tau; Appellant: Frans Tello Mphehlo; Respondent: The State
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
3 October 2005
Case Number
A2898/03
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against sentence upheld in part for appellant 1. Sentence adjusted to 15 years' effective imprisonment, to run concurrently. Appeal of appellant 2 postponed sine die.
Judges
JCW van Rooyen, LO Bosielo
Legal Topics
Rape, Minimum Sentences, Compelling and Substantial Circumstances, Credibility of Witnesses, Consent, Sentencing Guidelines
Criminal Law Rape Minimum Sentences Compelling and Substantial Circumstances Credibility of Witnesses Consent Sentencing Guidelines

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Simon Thabiso Tau

Appellant

Frans Tello Mphehlo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether contradictions in the evidence of persons to whom the complainant reported the rape were material to the veracity of their testimony.
  2. 2 Whether the complainant consented to sexual intercourse with the appellants.
  3. 3 Whether the absence of a guardian for the minor appellant prejudiced his right to a fair trial.

Ratio Decidendi

The court found that the contradictions in the evidence of the witnesses to whom the complainant reported the rape were minor and did not affect the veracity of their testimony. The complainant's account was corroborated by her conduct and the medical evidence confirming her pregnancy. The defense of consent was rejected as highly improbable, especially given the complainant's pregnancy and the circumstances of the assault. The absence of a guardian for appellant 1 did not result in unfairness or prejudice, as he was legally represented and the record showed no procedural irregularity. The minimum sentence of 15 years' imprisonment for each count of rape was justified, but given appellant...

Court Disposition

Appeal against conviction dismissed; appeal against sentence upheld in part for appellant 1. Sentence adjusted to 15 years' effective imprisonment, to run concurrently. Appeal of appellant 2 postponed sine die.

Orders

  • The appeal against the convictions is not upheld.
  • The appeal as to sentence is upheld in so far as appellant 1 is to serve 15 years’ effective imprisonment.