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South Africa decisions
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Mahlango v S (A37/2024) [2025] ZAGPPHC 228 (7 March 2025)
The High Court set aside a rape conviction on count 2, substituting attempted rape and imposing 10 years’ direct imprisonment to run concurrently with life imprisonment on count 1.
J.R.M v S (CA54.2020) [2024] ZANWHC 263 (21 October 2024)
The Regional Magistrate materially misdirected himself by imposing a sentence of life imprisonment for attempted rape, as section 55 of the Sexual Offences and Related Matters Amendment Act 32 of 2007 does not prescribe a minimum sentence for such an offence. The jurisdictional limit for imprisonment in the Regional Court is fifteen years. The appellate court, having found the misdirection, is entitled to impose sentence afresh. Considering the appellant's personal circumstances, previous conviction for rape, breach of trust, and the age of the complainant, a sentence of fifteen years impriso…
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Magele v S (CA09/2022) [2024] ZANWHC 275 (8 October 2024)
The appeal court found that the trial court properly evaluated the evidence, including the complainant's identification of the appellant, which was supported by her prior knowledge of him and the circumstances of the attack. Discrepancies in the complainant's testimony were not material and did not undermine her reliability. The appellant failed to provide an alternative version or evidence to counter the complainant's account. The trial court correctly applied the cautionary rule for single witness evidence and was justified in convicting the appellant. Regarding sentence, the offences of at…
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S v Ntombana (54/2022) [2022] ZAECELLC 36 (29 December 2022)
The High Court convicted Akhona Ntombana of multiple rape-related counts, relying on eyewitness identification, corroborative clothing evidence, and DNA links.
Olyn v S (K/S 20/2017) [2022] ZANCHC 67 (28 October 2022)
The High Court granted condonation for a late leave-to-appeal application but dismissed leave to appeal against murder and attempted rape convictions and life sentence.
K.L v S (A261/2021) [2022] ZAWCHC 120 (13 June 2022)
The High Court upheld a rape conviction and sentence, but substituted the attempted rape count with attempted sexual assault and imposed 8 years' imprisonment.
S v Mofokeng (R08/2022) [2022] ZAFSHC 84 (29 April 2022)
The High Court confirmed the conviction for attempted rape but set aside a 15-year sentence as incompetent and remitted the matter for fresh sentencing.
Seruma v S (Mphahlele DJP; Langa AJ) [2021] ZAMPMHC 25 (7 October 2021)
The High Court dismissed an appeal against convictions for rape and attempted rape, finding the child complainant credible and the evidence sufficiently corroborated.
Nkopane v S (A185/2019) [2020] ZAGPPHC 799 (11 December 2020)
High Court appeal against sentence for attempted rape and rape of a child was dismissed. The court found no substantial and compelling circumstances to depart from prescribed minimum sentences.
Letsatsi v S (A21/2020) [2020] ZAFSHC 112 (25 June 2020)
The High Court dismissed an appeal against conviction and an eight-year sentence for attempted rape, finding the evidence credible and the sentence fair.
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