Nigel Mandishora v The State

HMT 32-21

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Case Details

Court

Mutare High Court

Date

3 June 2021

Citation

HMT 32-21

Neutral Citation

[2021] ZWHMT 32

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA JMUZENDA J

Areas of Law

Criminal LawSexual OffencesEvidence

Keywords

extra-marital sexual intercourseyoung personage of consentcredibilityfalse incrimination

Key Issues

{"issue_text":"Whether the conviction for extra-marital sexual intercourse with a young person under 16 was supported by evidence beyond reasonable doubt","issue_type":"mixed","dispositive":"yes","related_facts":"Complainant's age, appellant's belief about age, complainant's credibility"}
{"issue_text":"Whether the trial court erred in accepting some aspects of complainant's evidence while rejecting others","issue_type":"law","dispositive":"no","related_facts":"Complainant's multiple lies, selective credibility finding"}
{"issue_text":"Whether the sentence was appropriate given the circumstances","issue_type":"law","dispositive":"no","related_facts":"Complainant was 14 days shy of 16, appellant used protection, appellant unmarried"}

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background

Facts of the Case

Background

The appellant was charged with raping a 16-year-old female juvenile but was acquitted of rape and instead convicted of extra-marital sexual intercourse with a young person under 16. The complainant had told the appellant she was 16, but was actually 15 years and 11 months old. The appellant appealed both conviction and sentence.

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