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Choku v S (CA50/2015) [2018] ZANWHC 7 (14 June 2018)
The High Court upheld a rape appeal, finding the child witness inquiry superficial and the State failed to prove penetration beyond reasonable doubt.
S v Ralph (CA & R 132/07) [2007] ZAECHC 119 (25 September 2007)
The court held that the trial court's acceptance of the complainant's evidence as credible and reliable was justified, and that the criticisms regarding contradictions and lack of corroboration were unfounded. The requirement for corroboration in sexual offence cases has been abolished, and the complainant's delayed disclosure did not undermine her credibility. The sentence imposed was within the discretion of the sentencing court and was not so disparate as to warrant interference. Accordingly, both the conviction and sentence were upheld and the appeal was dismissed.
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