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Criminal Law [2017] ZAECGHC 94

Ncombo v S (CA&R91/2017)

Ncombo v S (CA&R91/2017) [2017] ZAECGHC 94; 2017 (2) SACR 683 (ECG) (28 August 2017)

Court
Eastern Cape High Court, Grahamstown
Case number
CA&R91/2017
Judges
G H Bloem, J W Eksteen

The court found that the appellant's conduct constituted two separate acts of rape, as there was a sufficient interruption between the first and second acts, evidenced by the discussion that occurred after the first act was completed. This brought the offence within the ambit of section 51(1) of the Criminal Law Amendment Act, which prescribes life imprisonment for rape committed more than once unless substantial and compelling circumstances exist. The magistrate did not impose life imprisonment, finding such a sentence disproportionate to the offence, the offender, and the interests of socie…

Source excerpt

  • Rape
  • Minimum Sentencing
  • Multiple Acts Of Rape
  • Substantial And Compelling Circumstances
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Criminal Law [2016] ZAFSHC 154

Sandawane v S (A66/2016)

Sandawane v S (A66/2016) [2016] ZAFSHC 154 (30 June 2016)

Court
Free State High Court, Bloemfontein
Case number
A66/2016
Judges
Murray, Lekale

The court found the complainant's evidence to be credible, consistent, and corroborated by other witnesses. The appellant's denial and refusal to testify left the State's version uncontroverted. The court held that the first three acts of penetration were closely linked in time and place and could be regarded as a single prolonged act of rape, but the final act of penetration, which occurred after walking away from the initial scene and returning, constituted a separate new act of rape driven by a new intent. This placed the offence within Part 1 of Schedule 2, read with section 51(1) of Act…

Source excerpt

  • Rape
  • Minimum Sentencing
  • Multiple Acts Of Rape
  • Credibility Of Witnesses
  • Substantial And Compelling Circumstances
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.