Main Issue: Indecent assault and sodomy by principal of a shelter for homeless

Findings: Because the burden of proof to convince court is on the State which the magistrate erred on and because the magistrate’s undue reliance on the uneasy attitude of the appellant in the witness box, and considering that it was not improbable that the complainants would conspire to fabricate charges against appellant, conviction and sentence is set aside.

Main Issue: Indecent assault on a 6 year old and appeal against sentence

Findings: The appellant was convicted of having indecently assaulted a 6 year old girl. Although appellant is a first time offender, appeal dismissed as the Court did not find any substantial and compelling circumstance.

Main Issue: Welfare issue/ child abuse (Appeal was against a conviction and sentence on charges of assault with intent to do grievous bodily harm and murder. The appellant’s child had died as a result of multiple injuries inflicted on her)

Findings: The Court held that the appellant’s actions were such that she should reasonably have foreseen that death would have resulted there from. Appellant’s action were not done with dolus directus, she should have been convicted of culpable homicide as opposed to murder. The sentence imposed was also adjusted accordingly.

Main Issue: Appellant challenging life imprisonment for the conviction of rape of a girl.

Findings: Because the court a quo had failed to consider the age of the complainant, the degree of the seriousness of the rape, because it was not only the duty only of the State to adduce such evidence, the presiding officer could, in the interest of justice, also call for such. Accordingly the Court remitted to the court a quo for reconsideration.

Main Issue: Commission of indecent act with minor boys

Findings: Although the appellant was convicted of three charges of indecent act with minor boys, because he had bathed with them, the Court held that although an unusual act, the act in question does not constitute a sexual connotation. Appeal upheld and conviction and sentence set aside.

Main Issue: Indecent assault of an 8 year old by someone who is 53

Findings: Court held that there was enough evidence for conviction (such as admittance of accused through a letter asking for forgiveness and threatening to commit suicide if summoned) and confirmed the conviction and correctional.

Main Issue: Multiple counts of culpable homicide (on school children)

Findings: Appeal challenged if convictions on multiple counts of culpable homicide were permissible since it arose from a single act and Court answered the question in the affirmative.

Main Issue: Appeal for remittal against conviction for the rape of his minor daughter

Findings: Although appellant requested remittal because of irregularities, Court held that only one irregularity is valid but it did not lead to failure of justice. Appeal dismissed.

Main Issue: Indecent assault on boys below 16 years of age/right to bail of accused

Findings: It was reasoned that there is very less evidence that would show that accused would intimidate witnesses or abscond or…so Court held that the appeal court and magistrate erred in denying bail.

Main Issue: Convicted on attempted rape and appealing on the basis of cautionary rule

Findings: Court dismissed appeal by reasoning that a case might call for a cautionary rule approach only where there was some evidential basis for suggesting that the evidence of the witness may be unreliable and not simply because the witness was a complainant of a sexual offence.

Main Issue: Rape of an 11 year old/appeal against conviction and sentence/ fair trial

Findings: Court held that where there is no notice of blood by complainant (allegedly a virgin) and in the face of testimony by the mother to have seen semen coming out of the complainants vagina four days after the alleged event, there is insufficient evidence to support a finding that the Appellant was guilty beyond reasonable doubt.

Main Issue: Child abuse claim by adult survivor after 40 years

Finding: Court reasoned that the evidence indicated prima facie that the appellant had not been aware until recently that it was not she who was the cause of what occurred but rather that the responsibility was that of the respondent. The court should thus have found that the respondent had failed to establish as a matter of probability that prescription had commenced to run before 1997 and upheld appeal.

Main Issue:  Rape of a minor

Findings: The accused admitted having sexual intercourse with the girl twice on the day in question and Court, after evaluating the records found that State failed to prove its case but since the girl was not 16 years old, accused was found guilty of contravening s14 (1)(a) of Sexual Offences Act 23 of 1957.

Main Issue: Common assault/unlawful chastisement of a 15 year old daughter

Findings: The accused (father) who is convicted of a charge of assault with intent to commit grievous bodily harm on his daughter (for allegedly having a love affair with someone) asked for pardon. On review the Court confirmed the conviction but set the sentence of 18 months aside and replaced it with one of six months or R2000. The Court reasoned that, although the father’s concern for his child was misplaced, he thought he was acting in her interests.