Sihoyi v S (CA&R73/2021)
Sihoyi v S (CA&R73/2021) [2021] ZAECGHC 107 (25 November 2021)
The conviction and sentence were set aside because the charge did not allege conduct amounting to a 'sexual violation' as defined in section 1 of the Sexual Offences Act. The alleged conduct—touching the complainant's thighs—does not fall within the statutory definition, which is limited to contact with genital organs, anus, or, in the case of a female, her breasts. The omission of the allegation of contact with the complainant's breasts from the charge was a serious oversight and prejudiced the appellant's fair trial rights. The court declined to adopt a broader interpretation of 'sexual vio…
Source excerpt
- Sexual Offences
- Statutory Interpretation
- Charge Deficiency
- Fair Trial Rights