South Africa Case Law

Mletshe v S (CA&R77/2013)

Mletshe v S (CA&R77/2013) [2014] ZAECMHC 8; 2015 (1) SACR 422 (ECG) (27 February 2014)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R77/2013

Judges

P.W. Tshiki, I.T. Stretch

The trial court committed two irregularities: first, by allowing the appellant's legal representative to address the court on sentence before the state had led its evidence in aggravation, and second, by treating the continued act of intercourse as multiple counts of rape when only one count was charged and convicted. The appellant was convicted on his plea to a single count of rape, and the evidence led during sentencing could not retrospectively create additional counts. The minimum sentencing provision applicable was section 51(2)(b)(i) of the Criminal Law Amendment Act, prescribing a mini…

Source excerpt

• Rape
• Minimum Sentencing
• Criminal Procedure Act
• Fair Trial Rights
• Aggravation And Mitigation
• Multiple Counts

Tladi v S (895/12)

Tladi v S (895/12) [2013] ZASCA 85; 2013 (2) SACR 287 (SCA) (31 May 2013)

Court

Supreme Court of Appeal

Case number

895/12

Judges

Maya, Tshiqi, Pillay, Saldulker, Mbha

The Supreme Court of Appeal upheld one rape conviction, set aside a second, and reduced the sentence from life imprisonment to 20 years.

• Rape
• Assessment Of Evidence
• Minimum Sentencing
• Criminal Law Amendment Act
• Consent
• Multiple Counts

London v S (A447/2010)

London v S (A447/2010) [2010] ZAWCHC 567 (19 November 2010)

Court

Western Cape High Court, Cape Town

Case number

A447/2010

Judges

Blignault, Oosthuizen

The High Court upheld one rape conviction, set aside a second, and reduced a 14-year sentence to seven years after finding the acts formed one incident.

• Rape
• Minimum Sentencing
• Psychiatric Evaluation
• Multiple Counts
• Appeal Procedure
• Minimum-sentencing