Court name
High Court
Case number
CA 198 of 2007
Title
S v Jacobs (2) (CA 198 of 2007) [2008] NAHC 8 (05 June 2008);
Media neutral citation
[2008] NAHC 8
Case summary:
Criminal law – Sexual act – Combating of Rape Act (Act No.8 of 2000), s 1 – Definition of sexual act.
Criminal law – Interpretation of statute – Combating of Rape Act (Act No.8 of 2000), s 7 – Evidence of period of delay between commission of sexual act and laying of complaint.
Criminal procedure – Evidence – Cautionary rule in respect of evidence of single witness – While cautionary rule ought to be applied in respect of evidence of single child witnesses, the rule should not be 2 applied mechanically and as a rote – Cautionary rule in respect of single witnesses and witnesses in sexual offence cases must be applied in conjunction with s 208 of the Criminal Procedure Act, 1977 (Act 51 or 1977) and s 5 of Act No.8 of 2000.
Coram
Parker J
Ndauendapo J