Aaron Nyarugwe v Dharwizi Transport (Private) Limited

Key Issues

• {"issue_text":"Whether the trial court erred in convicting the accused without satisfying itself that the presumption of doli incapax was rebutted","issue_type":"procedural","dispositive":"yes","related_facts":"Accused was 13 years old; no inquiry into criminal capacity was conducted"}
• {"issue_text":"Whether the accused possessed the requisite criminal capacity to understand the wrongfulness of his conduct","issue_type":"law","dispositive":"yes","related_facts":"Age 13; Probation Officer report suggested lack of understanding; accused admitted to sexual intercourse"}
• {"issue_text":"Whether the matter should be remitted to the lower court or the conviction set aside","issue_type":"procedural","dispositive":"yes","related_facts":"Undesirability of dragging the young accused through the criminal justice system again"}

Background