Sempe v S (A72/2019) [2019] ZAFSHC 228 (28 November 2019)

Sempe v S (A72/2019) [2019] ZAFSHC 228 (28 November 2019)

The court found that the contradictions in the complainant's evidence were immaterial and did not affect the reliability of her account regarding the rape. The appellant's version was rejected as false and unsubstantiated. The evidence established that the appellant threatened the complainant with broken bottles and had sexual intercourse with her against her will, both vaginally and anally. The repeated penetration aggravated the offence, attracting the prescribed sentence of life imprisonment under the relevant statutory provisions. The trial court correctly found no substantial and compelling circumstances to justify deviation from the minimum sentence. The appeal against both...

Citation
[2019] ZAFSHC 228
Parties
Appellant: Thabiso Daniel Sempe; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 November 2019
Case Number
A72/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against both conviction and sentence dismissed.
Judges
Mhlambi, Murray
Legal Topics
Rape, Minimum Sentences, Multiple Penetration, Substantial and Compelling Circumstances
Criminal Law Rape Minimum Sentences Multiple Penetration Substantial and Compelling Circumstances

Case Brief

Summary, issues, holding and outcome

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Parties

Thabiso Daniel Sempe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the state proved its case beyond a reasonable doubt.
  2. 2 Whether the complainant was a reliable witness despite contradictions.
  3. 3 Whether substantial and compelling circumstances existed to justify deviation from the prescribed sentence of life imprisonment.

Ratio Decidendi

The court found that the contradictions in the complainant's evidence were immaterial and did not affect the reliability of her account regarding the rape. The appellant's version was rejected as false and unsubstantiated. The evidence established that the appellant threatened the complainant with broken bottles and had sexual intercourse with her against her will, both vaginally and anally. The repeated penetration aggravated the offence, attracting the prescribed sentence of life imprisonment under the relevant statutory provisions. The trial court correctly found no substantial and compelling circumstances to justify deviation from the minimum sentence. The appeal against both...

Court Disposition

Appeal against both conviction and sentence dismissed.

Orders

  • The appeal against both conviction and sentence is dismissed.