Vilakazi v S (636/2015) [2016] ZASCA 103; 2016 (2) SACR 365 (SCA) (10 June 2016)

Vilakazi v S (636/2015) [2016] ZASCA 103; 2016 (2) SACR 365 (SCA) (10 June 2016)

The majority held that, even excluding the complainant's coerced report, the evidence as a whole proved the appellant's guilt beyond reasonable doubt. The complainant's testimony, though given by a young child and not made voluntarily, was corroborated by medical evidence and her sister's account. The contradictions in her evidence were not material and did not undermine her credibility. The appellant's defence was found to be inconsistent and fabricated, with no reasonable possibility of truth. The charge sheet was sufficiently particular for the appellant to know the case he had to meet. The appeal was dismissed, confirming the conviction.

Citation
[2016] ZASCA 103
Parties
Appellant: Vusi Samuel Vilakazi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
10 June 2016
Case Number
636/2015
Procedural Posture
Criminal Appeal / Appeal From the North Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed; conviction confirmed.
Judges
Mhlantla, Shongwe, Theron, Dambuza, Mathopo
Legal Topics
Rape, Evidence of Children, Admissibility of First Report, Onus of Proof, Contradictory Evidence, Charge Sheet Particularity
Criminal Law Rape Evidence of Children Admissibility of First Report Onus of Proof Contradictory Evidence Charge Sheet Particularity

Case Brief

Summary, issues, holding and outcome

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Parties

Vusi Samuel Vilakazi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From the North Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the evidence of the complainant, her sister, and the medical report proved the charge of rape beyond reasonable doubt.
  2. 2 Whether the admission of the complainant's report, elicited by coercion, was proper and whether its admission resulted in a failure of justice.
  3. 3 Whether contradictions and improbabilities in the evidence rendered the State's case unreliable.

Ratio Decidendi

The majority held that, even excluding the complainant's coerced report, the evidence as a whole proved the appellant's guilt beyond reasonable doubt. The complainant's testimony, though given by a young child and not made voluntarily, was corroborated by medical evidence and her sister's account. The contradictions in her evidence were not material and did not undermine her credibility. The appellant's defence was found to be inconsistent and fabricated, with no reasonable possibility of truth. The charge sheet was sufficiently particular for the appellant to know the case he had to meet. The appeal was dismissed, confirming the conviction.

Court Disposition

Appeal dismissed; conviction confirmed.

Orders

  • The appeal is dismissed.