Kemp and Another v S (A312/2022) [2024] ZAGPPHC 1141 (30 October 2024)
Court
North Gauteng High Court, Pretoria
Case number
A312/2022
Judges
Tshombe, Mosopa
The appeal court found that the trial court correctly assessed the evidence of the complainant, a single child witness, and applied the cautionary rule. The inconsistencies identified in her evidence were minor and related only to peripheral details, not to the commission of the offences. The complainant's account of the events was credible, consistent on material aspects, and supported by her conduct and the surrounding circumstances. The trial court's findings on credibility were not materially misdirected and are presumed correct. The appellants' bare denials were improbable and unsupporte…
M.J.M v S (A13/2023) [2024] ZALMPPHC 4 (16 January 2024)
Court
Limpopo High Court, Polokwane
Case number
A13/2023
Judges
Semenya, Manzini
The High Court dismissed a conviction appeal in a rape case involving a child complainant, finding the evidence credible, corroborated, and sufficient.
Nelson v S (A250/10) [2011] ZAWCHC 132 (8 February 2011)
Court
Western Cape High Court, Cape Town
Case number
A250/10
Judges
Meer, Moosa, Steyn
The High Court set aside a rape conviction after new evidence of consent, substituted a conviction for consensual sexual penetration with a child, and reduced sentence.