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South Africa decisions
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M.M v S (Appeal) (CA & R 87/2024) [2025] ZAECMKHC 9 (11 February 2025)
The High Court dismissed an appeal against rape conviction and life sentence, finding the complainant credible, corroborated, and the prescribed sentence justified.
Abrahams v S (A188/2022) [2024] ZAWCHC 147 (20 May 2024)
The court found that the complainant's evidence was consistent, detailed, and credible, despite her being a single child witness and the delay in reporting the offence. The court accepted that the complainant's inability to recall the exact date of the incident was reasonable given her age and the trauma experienced. The medical evidence corroborated her account of penetration, and her behaviour following the incident was consistent with established psychological responses to sexual assault. The appellant's alibi was not supported by the evidence, as the period of incarceration did not conclu…
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Mbedzi v S (CA&R 14/19) [2019] ZANCHC 59 (29 November 2019)
The court found that the trial court erred in convicting the appellant of rape. The complainant's evidence, while consistent, did not conclusively establish penetration as required for a rape conviction. The medical evidence was inconclusive regarding penetration, noting only redness that could have resulted from trauma or infection. The court emphasized the need for caution when assessing the evidence of young children and single witnesses. The appellant's version was found improbable, but the evidence did not support a finding of rape beyond reasonable doubt. The conviction was substituted…
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Dyira v S (CA 222/07) [2009] ZAECGHC 34; 2010 (1) SACR 78 (ECG) (5 June 2009)
Appeal against rape conviction failed on delayed complaint and single child-witness evidence; conviction and 18-year sentence were set aside.
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