Recent Case: General principles and specific offences

• Jurisdiction: South Africa
• Citation: (2016) 29 SACJ 339
• Date: 24 May 2019
• Pages: 339-350
• Published date: 24 May 2019
• Author: Shannon Hoctor

General principles and specic

offences

SHANNON HOCTOR

University of KwaZulu-Natal

1 General principles

1.1 Attempt

In the case of S v Silo 2016 (2) SACR 259 (WCC), the Western Cape High

Court upheld a conviction for attempted rape based on the following

facts. At about 08h00, the complainant, who was dre ssed in her pyjamas

and a gown, proceeded to a lling station across the st reet from the

at in which she lived with her husband. Here she met a customer,

with whom she did business. At this point the appellant approached

her and expressed an interest in the goods she was sell ing. As the

merchandise was in the boot of her car, the complainant wal ked with

the appellant back to the building where her at was situated, and told

him to wait at the car while she went to fetch the car keys in the at.

Having found the keys in the at, the complainant found the appellant

standing at the door of the at. He proceeded to force her back into

the bedroom of the at, and onto the bed, whereupon he said that he

wanted to have sexual intercourse with her. To this end he instructed

her to remove her gown and panties. She did so, and when he began

to assault her she screamed. They wrestled, and the appella nt then

choked her and went to the kitchen to nd a knife. At this point

the complainant jumped out of the bedroom wi ndow, sustaining a

fractured ank le, and a fractured spine.

The appellant was charged with a contravention of s 55 of the

Criminal L aw (Sexual Offences and Related Matters) Amendment Act

32 of 2007, the relevant portion of which reads as follows:

‘Any person who –

(a) attempts…

to commit a sexual offence in terms of this Act, is guilty of an offence and

may be liable on conviction to the punishment to which a person convicted

of actually committing that offence would be liable.’

RECENT CASES

339

(2016) 29 SACJ 339

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