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South Africa Case Law

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Criminal Law [2022] ZAKZPHC 26

Dulela v S (AR348/2021)

Dulela v S (AR348/2021) [2022] ZAKZPHC 26 (15 June 2022)

The High Court dismissed the rape conviction appeal but reduced the sentence from life imprisonment to 25 years, finding substantial and compelling circumstances.

  • Rape Of Minor
  • Minimum Sentence Legislation
  • Substantial And Compelling Circumstances
  • Credibility Of Single Witness
  • Medical Evidence In Sexual Offences
  • Rape-of-minor
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Criminal Law [2022] ZAFSHC 139

Phenyane v S (A8/2022)

Phenyane v S (A8/2022) [2022] ZAFSHC 139 (31 May 2022)

Appeal against a rape conviction dismissed. The court found the complainant credible, the medical evidence supportive, and the alibi unconvincing.

  • Rape
  • Sexual Offences Amendment Act
  • Credibility Of Single Witness
  • Medical Evidence In Sexual Offences
  • Corroboration
  • Appeal On Factual Findings
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Criminal Law [2020] ZAGPPHC 412

Scheepers v S (A116/2019)

Scheepers v S (A116/2019) [2020] ZAGPPHC 412 (5 August 2020)

The High Court upheld an appeal against a rape conviction, finding material contradictions, neutral medical evidence, and a failure to prove guilt beyond reasonable doubt.

  • Rape
  • Credibility Of Witnesses
  • Onus Of Proof
  • Contradictory Evidence
  • Medical Evidence In Sexual Offences
  • Criminal-appeal
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Criminal Law [2017] ZAECPEHC 49

S v Nogodama (CC20/2017)

S v Nogodama (CC20/2017) [2017] ZAECPEHC 49 (13 October 2017)

The High Court convicted the accused of kidnapping, robbery with aggravating circumstances, three rapes and pointing a firearm, accepting the complainants’ evidence and medical corroboration.

  • Rape
  • Kidnapping
  • Robbery With Aggravating Circumstances
  • Pointing Of Firearm
  • Credibility Of Witnesses
  • Medical Evidence In Sexual Offences
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Criminal Law [2017] ZAWCHC 47

Cekwana v S (A523/15)

Cekwana v S (A523/15) [2017] ZAWCHC 47 (10 March 2017)

The High Court upheld an appeal against a rape conviction, holding that the trial court misdirected itself, the evidence was inconsistent, and the accused should be acquitted.

  • Sexual Offences And Related Matters Act
  • Rape
  • Single Witness Cautionary Rule
  • Credibility Of Witnesses
  • Medical Evidence In Sexual Offences
  • Appeal Procedure
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Criminal Law [2005] ZAWCHC 128

S v Hartogh (SS183/2004)

S v Hartogh (SS183/2004) [2005] ZAWCHC 128 (23 May 2005)

The High Court set aside a rape conviction after finding the evidence did not prove penetration, and substituted a conviction for indecent assault.

  • Rape
  • Indecent Assault
  • Corroboration Of Single Witness
  • Cautionary Rules
  • Medical Evidence In Sexual Offences
  • Indecent-assault
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