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South Africa decisions
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M.K and Another v S (A312/2022) [2024] ZAGPPHC 1143 (30 October 2024)
The High Court dismissed a criminal appeal against conviction for rape and sexual offences, upholding a trial court’s credibility findings on a child complainant’s evidence.
Khene v S (CA 39/2022) [2023] ZANWHC 168 (15 September 2023)
The High Court dismissed a rape appellant’s challenge to conviction and 12-year sentence, finding the complainant credible and the sentence justified.
D.J v S (A588/2019) [2019] ZAWCHC 94; 2019 (2) SACR 613 (WCC) (31 July 2019)
High Court appeal upheld in a child sexual offences case; convictions and sentence were set aside for reasonable doubt and unreliable evidence.
S v Coetzee (CA&R 88\05) [2006] ZANCHC 95 (19 June 2006)
The High Court upheld a rape appeal, finding the complainant’s evidence unreliable and the State failed to prove guilt beyond reasonable doubt.
S v Fourie (CA&R 35\05) [2006] ZANCHC 82 (17 February 2006)
The court found the complainant to be a credible and reliable witness whose identification of the appellant was logical and corroborated by first report evidence. The appellant's contradictory defences were not put to the complainant and were deemed improbable and false beyond reasonable doubt. The magistrate correctly assessed the evidence and found that the State had proved its case beyond reasonable doubt. Regarding sentence, the court held that there were no substantial and compelling circumstances to deviate from the prescribed minimum sentence of 10 years imprisonment for rape. Aggravat…
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