S v DLAMINI 2016 (1) SACR 229 (KZP)

Indictment and charge — Duplication of convictions — Kidnapping and rape — Test common-sense view whether single offence or more committed — Accused not only restraining complainants during rape but also keeping afterwards, thus depriving of liberty — No duplication of convictions.

The appellant was convicted in the High Court of a number of counts, including three counts of rape and two counts of kidnapping, and sentenced to life imprisonment. On appeal against conviction and sentence it was argued inter alia that there had been a duplication of convictions in respect of the kidnapping and rape charges. It was contended that for a person to rape another, the rapist had to hold the victim against his or her will and therefore deprive him or her of their freedom.

Held, that the test was whether, taking a common-sense view of matters in the light of fairness to the accused, a single offence or more than one had been committed. The appellant had not only restrained the complainants while raping them, but also kept them, even after he had raped them, thus unlawfully and intentionally depriving them of their liberty. The trial court had accordingly not misdirected itself in any way in bringing out the separate convictions for rape and kidnapping.