Thabang v S (A64/2022) [2023] ZAGPJHC 424 (2 May 2023)

Thabang v S (A64/2022) [2023] ZAGPJHC 424 (2 May 2023)

The court found that the complainant's version was credible and consistent, corroborated by her boyfriend L, and that the appellant's account was marked by equivocation and inconsistencies. The appellant's behaviour, including his reasons for taking the party to the police and his explanation for withdrawing from intercourse, was not inconsistent with guilt. The magistrate's assessment of probabilities and witness credibility was sound. The appeal against conviction was therefore dismissed.

Citation
[2023] ZAGPJHC 424
Parties
Appellant: Thabang Mokoena; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2023
Case Number
A64/2022
Procedural Posture
Criminal Appeal / Appeal Against Conviction Only
Outcome
Appeal dismissed; conviction upheld.
Judges
S Yacoob, W Karam
Legal Topics
Rape, Credibility of Witnesses, Consent, Corroboration, Assessment of Probabilities
Criminal Law Rape Credibility of Witnesses Consent Corroboration Assessment of Probabilities

Case Brief

Summary, issues, holding and outcome

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Parties

Thabang Mokoena

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Only

Legal Issues

  1. 1 Whether the appellant's conviction for rape was justified on the evidence.
  2. 2 Whether the complainant consented to sexual intercourse with the appellant.
  3. 3 Whether the magistrate erred in assessing the credibility of the witnesses.

Ratio Decidendi

The court found that the complainant's version was credible and consistent, corroborated by her boyfriend L, and that the appellant's account was marked by equivocation and inconsistencies. The appellant's behaviour, including his reasons for taking the party to the police and his explanation for withdrawing from intercourse, was not inconsistent with guilt. The magistrate's assessment of probabilities and witness credibility was sound. The appeal against conviction was therefore dismissed.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • The appeal is dismissed.