THE STATE v JABULANI MOYO

HH 308-2012

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Case Details

Court

Harare High Court

Date

25 July 2012

Citation

HH 308-2012

Neutral Citation

[2012] ZWHH 308

Outcome

unknown

Case Type

Review

Bench

Presiding

MATHONSI J

Full Bench

MATHONSI JMUTEMA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

s 66 (1)(a)(i)s 67 (1)(a)(i)penetrationpermissible verdictautomatic review

Key Issues

{"issue_text":"Whether the evidence established the offence of contravening s 66 (1)(a)(i) of the Criminal Law Code","issue_type":"law","dispositive":"yes","related_facts":"The nature of the kiss and whether penetration occurred"}
{"issue_text":"Whether the conviction should be altered to indecent assault","issue_type":"law","dispositive":"yes","related_facts":"The evidence established physical contact of an indecent nature but not penetration"}
{"issue_text":"What is the appropriate sentence","issue_type":"law","dispositive":"yes","related_facts":"The accused is a young first offender who has shown contrition and has already served seven months"}

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background

Facts of the Case

Background

The accused, a 21-year-old male, was convicted of contravening s 66 (1)(a)(i) for kissing a seven-year-old complainant on the mouth and private parts. The trial magistrate failed to consider whether the evidence established penetration, an essential element of the offence. The High Court found no evidence of penetration but established indecent assault, a permissible verdict.

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