Harare High Court - 2019 May

2 judgments
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2 judgments
Citation
Judgment date
May 2019
Conviction quashed where prosecution failed to prove complainant under 16 or accused’s knowledge of her age.
Criminal law – sexual intercourse with a young person – proof of age – age estimation report insufficient without corroborative evidence – requirement to prove complainant under 16 and accused’s knowledge – plea and counsel’s confirmation do not substitute for prosecution’s burden.
7 May 2019
Extreme provocation (rape of a minor) reduced murder to culpable homicide; self-defence rejected, three-year sentence suspended.
Criminal law – Homicide – whether killing amounted to murder or culpable homicide – self-defence – disarming and absence of imminent lethal threat – provocation as partial defence reducing murder to culpable homicide – sentencing: suspended term where extreme provocation present.
7 May 2019