Seleke v S (A879 /14) [2015] ZAGPPHC 772 (26 October 2015)

Seleke v S (A879 /14) [2015] ZAGPPHC 772 (26 October 2015)

The court found that there was no evidence that the appellant and his co-accused acted in concert when committing the rapes. The incidents occurred separately and were not planned as a gang rape. The appellant's prompting of Mr Piet Selete to participate indicated that sexual activity was not discussed or agreed upon among the accused. Therefore, there was no meeting of the minds regarding the commission of the rapes, and each accused should be held accountable for his own actions. The convictions on counts 2 and 3 were not supported by the evidence and were set aside, while the convictions on counts 1, 4, and 5 were upheld. The sentence of life imprisonment was set aside and the matter...

Citation
[2015] ZAGPPHC 772
Parties
Appellant: Johnny Tseko Selete; Respondent: State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 October 2015
Case Number
A879 /14
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction for counts 2 and 3 upheld; appeal against conviction for counts 1, 4, and 5 dismissed; appeal against sentence upheld and sentence set aside; matter remitted to trial court for reconsideration of sentence.
Judges
N A Engelbrecht, Ranchod
Legal Topics
Rape, Sentencing, Joint Criminal Enterprise, Mens Rea, Housebreaking, Assault With Intent to Do Grievous Bodily Harm
Criminal Law Rape Sentencing Joint Criminal Enterprise Mens Rea Housebreaking Assault With Intent to Do Grievous Bodily Harm

Case Brief

Summary, issues, holding and outcome

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Parties

Johnny Tseko Selete

Appellant

State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant acted in concert with his co-accused in the commission of the rapes.
  2. 2 Whether the convictions on counts 2 and 3 were justified based on the evidence.
  3. 3 Whether the sentence of life imprisonment was appropriate given the facts.

Ratio Decidendi

The court found that there was no evidence that the appellant and his co-accused acted in concert when committing the rapes. The incidents occurred separately and were not planned as a gang rape. The appellant's prompting of Mr Piet Selete to participate indicated that sexual activity was not discussed or agreed upon among the accused. Therefore, there was no meeting of the minds regarding the commission of the rapes, and each accused should be held accountable for his own actions. The convictions on counts 2 and 3 were not supported by the evidence and were set aside, while the convictions on counts 1, 4, and 5 were upheld. The sentence of life imprisonment was set aside and the matter...

Court Disposition

Appeal against conviction for counts 2 and 3 upheld; appeal against conviction for counts 1, 4, and 5 dismissed; appeal against sentence upheld and sentence set aside; matter remitted to trial court for reconsideration of sentence.

Orders

  • The appeal against conviction for Counts 2 and 3 is upheld.
  • The appeal against conviction for Counts 1, 4 and 5 is dismissed.