THE STATE v TASARA MUCHINERIPI

HMA 13-24

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Case Details

Court

Masvingo High Court

Date

27 March 2024

Citation

HMA 13-24

Neutral Citation

[2024] ZWHMA 13

Outcome

unknown

Case Type

Review

Bench

Presiding

MAWADZE J

Full Bench

MAWADZE JZISENGWE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Attempted RapeEssential ElementsPlea of GuiltyProcedural IrregularitySection 189Section 65(1)Section 186(1)

Key Issues

{"issue_text":"Whether the plea of guilty was properly recorded in compliance with section 271(2)(b) of the Criminal Procedure and Evidence Act","issue_type":"procedural","dispositive":"yes","related_facts":"The record showed improper canvassing of essential elements of the offence"}
{"issue_text":"Whether the admitted facts support a charge of attempted rape under section 189 as read with section 65(1) of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"yes","related_facts":"The accused's physical acts and verbal statements as admitted"}
{"issue_text":"What is the appropriate charge given the admitted facts","issue_type":"law","dispositive":"yes","related_facts":"The nature and extent of the accused's physical and verbal conduct"}

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background

Facts of the Case

Background

The accused, aged 43, approached the complainant, aged 36, at her homestead, grabbed her by the neck, covered her mouth, pushed her against a wall, and stated he wanted "to give her a child." The complainant's mother intervened, assaulted the accused with a sugar cane stick, and he fled. The accused pleaded guilty to attempted rape, but the High Court found the facts did not support this charge.

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