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South Africa decisions
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S v Morotolo (Sentence) (CC 17/2022) [2024] ZANWHC 130 (5 April 2024)
High Court sentence in a rape and theft matter. The court found no substantial and compelling circumstances and imposed the prescribed minimum sentence.
Sibeko v S (A39/2011) [2014] ZAGPPHC 667 (1 September 2014)
The court found that the complainant, a 14-year-old girl, did not consent to sexual intercourse with the appellant, who was 30 years old at the time. The medical evidence corroborated that the complainant suffered grievous bodily harm and was sexually penetrated for the first time. The appellant's version was rejected as not reasonably possibly true, particularly given his change of story regarding the assault. The contradictions in the complainant's statements were considered minor and attributable to her age and the time lapse between the incident and her testimony. The court held that the…
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Free v S (06/2010) [2010] ZANCHC 13 (30 April 2010)
The High Court confirmed a rape conviction, set aside a kidnapping conviction, and ordered a rehearing after a procedural irregularity. It also ordered expungement from the sexual offenders register.
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