Van Wyk v S (CA & R 85/2015)
Van Wyk v S (CA & R 85/2015) [2021] ZANCHC 8 (8 January 2021)
The court found that the complainant was properly admonished and competent to testify, with the process meeting statutory requirements. Her evidence, though subject to minor discrepancies regarding dates, was credible and corroborated by medical and probation officer testimony. The appellant's alibi was disproved, and his bare denial was rejected. The aggravating factors included the complainant's age, the familial relationship, and the emotional trauma inflicted. The trial court correctly found no substantial and compelling circumstances to deviate from the prescribed minimum sentence. The c…
Source excerpt
- Rape
- Child Witness
- Admonition Of Witness
- Minimum Sentencing
- Alibi
- Credibility Of Witness