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Cited documents 7
Judgment
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Conviction and life sentence upheld despite exclusion of an illegally obtained warning statement; child witness evidence deemed trustworthy.
Criminal law – Sexual offences – Single child witness evidence and trustworthiness (Woji principles; rejection of double cautionary rule); illegally obtained warning statement and its exclusion; late and uncorroborated alibi (Thebus); minimum sentencing under s 51(1) and Schedule 2 – no substantial and compelling circumstances to deviate from life imprisonment.
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Court upheld single-witness and photo-identification, rejected alibi and unreliable hearsay; appeal dismissed.
Criminal law – single-witness identification – cautionary rule and reliability; photo-identification versus formal identification parade; s37(6)(a)(iii) CPA – privacy and evidence; s115 CPA – alibi and evidential value; Hearsay Evidence Act s3(1)(c) – admissibility and probative value; exclusion of bail-record and impact on fairness.
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Reported
SCA granted leave and acquitted the applicant where misdirections and lack of reliable corroboration undermined the rape conviction.
Criminal procedure – s 52(3) (Criminal Law Amendment Act) and s 316 (Criminal Procedure Act): leave to appeal where High Court considered leave unnecessary but stated it would have been refused; Appeal Court empowering itself to grant leave. Evidence – effect of documentary evidence (J88) handed in by consent: treated as accepted by State unless doctor called or appropriate objection raised. Corroboration in rape trials – must render complainant’s account of lack of consent more probable; mere proof of intercourse or a complaint does not amount to corroboration. Cautionary approach – application where complainant’s evidence is contradictory, intoxicated or there is an evidential basis for unreliability. Misdirection – improper reliance on inadmissible or unreliable material vitiates conviction.
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The appellant’s rape convictions set aside where complainant's single-witness evidence was inconsistent and accused's version reasonably possible.
Criminal law — rape — evaluation of single-witness complainant evidence — duty to treat single-witness evidence with caution; accused’s version must only be rejected if shown false beyond reasonable doubt; medical (J88) report is neutral absent expert evidence to explain findings; conviction unsustainable where inconsistencies and reasonable possibility of accused’s version exist.
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Conviction overturned where contradictory single‑witness evidence and admitted further evidence made self‑defence reasonably possible.
Criminal law – evaluation of single‑witness evidence – cautionary rule where witness’ evidence is contradicted; s 309B further evidence deemed part of trial record; self‑defence pleaded – State’s onus to disprove beyond reasonable doubt; conviction unsafe where eyewitness credibility materially undermined.
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Act
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Human Rights
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Peace and Security
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