Kemp and Another v S (A312/2022)
Kemp and Another v S (A312/2022) [2024] ZAGPPHC 1141 (30 October 2024)
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…
Source excerpt
- Rape
- Sexual Offences And Related Matters Act
- Minimum Sentences Legislation
- Single Witness Evidence
- Child Witness Cautionary Rule
- Credibility On Appeal