NS v The State

The applicant was convicted in the Ermelo Regional Court of raping a girl under the age of 16 and sentenced to 15 years’ imprisonment. Leave to appeal was initially refused but later granted by the Gauteng Division of the High Court, Pretoria, which confirmed the conviction but reduced the sentence to 10 years’ imprisonment. The applicant sought special leave to appeal to the Supreme Court of Appeal. The central factual dispute was whether sexual intercourse between the applicant and the complainant was consensual. The complainant’s evidence was internally contradictory, particularly regarding the alleged involvement of a third assailant, and was found by both lower courts to be unsatisfactory in several respects. The conviction was nonetheless based on purported corroboration from a J88 medical report and the evidence of an eyewitness, Mr JS.

Special leave to appeal was granted. The appeal was upheld. The conviction and sentence imposed by the Regional Court, Ermelo, as confirmed by the High Court, were set aside. The applicant was found not guilty and discharged.

The case is significant for reaffirming the strict standard of proof in criminal trials and the dangers of speculative reasoning when assessing credibility. It underscores the necessity for reliable corroboration in sexual offence cases and criticises the prosecutorial practice of relying on untested J88 medical reports without calling expert witnesses. The judgment also clarifies the circumstances under which the Supreme Court of Appeal will grant special leave to appeal to prevent a manifest failure of justice.