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South Africa decisions
Decisions matching the current search
Botha v S (A157/2019) [2020] ZAGPPHC 318 (17 June 2020)
Appeal in child sexual offences matter partly upheld: some convictions set aside, two rape convictions replaced with lesser offences, others confirmed.
Plaatjies v Die Staat (66/2012) [2015] ZANCHC 33 (27 March 2015)
The court found that the acts of penetration by the appellant were so closely connected in time and place that they constituted a single continuous act of rape, not multiple separate offences. The act involving the appellant's penis did not amount to 'sexual penetration' as defined by the Sexual Offences Act, since there was no actual penetration. The conviction on four counts of rape was set aside and replaced with a single count. The prescribed minimum sentence of life imprisonment was not applicable; instead, the minimum sentence was ten years. Considering the appellant's personal circumst…
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Potgieter v S (20109/2014) [2015] ZASCA 15 (17 March 2015)
The Supreme Court of Appeal struck the appeal from the roll because the Free State full court had no power to grant leave to appeal to it.
Boshoff v S (CA&R 51/14) [2015] ZANCHC 56 (23 January 2015)
The High Court upheld convictions for sexual assault and rape, but reduced the rape sentence from 20 to 15 years after finding substantial and compelling circumstances.
H v S (A400/2012) [2014] ZAGPJHC 214 (16 September 2014)
The court found that the complainant's evidence, corroborated by forensic findings, established repeated acts of sexual penetration, albeit not full penetration, sufficient for rape convictions under both common law and the Sexual Offences Act. The appellant's explanations were rejected as implausible. The court held that the minimum sentencing regime applied, and no substantial and compelling circumstances existed to justify deviation. The appellant abused his position of trust, causing severe psychological and emotional harm to the complainant. The sentences imposed, including life imprison…
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S v De Kock (244/2004) [2005] ZASCA 9 (18 March 2005)
The Supreme Court of Appeal held that the complainant's evidence and medical corroboration established a prima facie case of indecent assault. The appeal was dismissed.
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