n South African Journal of Criminal Justice - General principles and specific offences : recent cases

Volume 23, Issue 3
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In 2010 (2) SACR 173 (KZP) the court heard an appeal against a rape conviction. The appellant and a certain Mkhize forced the 15-year-old complainant into their taxi, and took her to a secluded place, where Mkhize tried to rape her. When she resisted and tried to escape, the appellant recaptured her and took her back to Mkhize, who violently raped her. The appellant sat in the taxi while the rape was taking place. The court, having accepted the veracity of the complainant's version of events, was required to assess whether the appellant's conduct constituted accomplice liability in respect of the crime of rape.

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