High Court confirms rapist�s sentence

Mpho Mokwape | Friday August 8, 2014 14:53

 

Thomas Cork wanted his 2012 conviction and sentence for attempted rape quashed arguing that he never pleaded guilty to the charge because he was presented with an incorrect charge sheet of rape.

But when delivering judgment yesterday, Dingake said it was unfortunate that an error was made when an incorrect charge sheet was read to the appellant but the evidence presented in the trial was overwhelming and in line with the charge of attempted rape.

“The argument that the incorrect file was read to you is true but we can safely say the file record also showed that the trial was consistent with the charge of attempted rape and you were convicted on that basis not for rape as you argue,” he said.

He concurred with state lawyer, Christina Matomela that there was enough evidence for the trial court to convict him and give him the maximum sentence despite the use of the wrong charge sheet at the beginning of the trial.

“Despite the magistrate’s shortfall in entering an incorrect charge sheet, it did not prejudice him during the trial,” he said. Dingake said Cork was not in any way prejudiced during the trial because he was charged with rape was convicted of the lesser offence of attempted rape, hence there was no need to appeal.

Cork said the police forced him to plead guilty to the charge of rape as read to him.

Matomela said Cork was given the 10-year jail term instead of the minimum five because of his previous convictions of rape and indecent assault among other crimes.