In this matter the applicant seeks an order quashing his conviction on a charge of rape and a further order setting aside the sentence of 10 years imprisonment imposed upon him following the said conviction in the court of the Regional Magistrate, sitting at Bindura on 4 June 2008. More
This application was placed before me on 14 July 2022. After perusing the record, a number of issues were of concern to me.
The draft order reads:
“IT IS ORDERED THAT:
1. The application for contempt of Courtis hereby granted.
2. The respondent is and hereby declared to be guilty of contempt of Court.
3. The respondent is and hereby sentenced to 90 days imprisonment the whole of which is suspended on condition that the respondent complies with the order of this Court under HC 5990/21.
4. The Sheriff of the High Court or his Lawful deputy be and hereby... More
1. This is an appeal against sentence only.
2. The appellant was convicted of rape as defined in S 65(1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to twenty years imprisonment of which three years imprisonment was suspended for 5 years on the usual conditions of good behaviour, to leave an effective custodial term of seventeen years imprisonment.
3. The trial court rejected the appellant’s defence that the act of sexual intercourse was consensual. Aggrieved with the conviction and sentence the appellant sought leave to appeal the conviction and sentence out of time and... More
This is an application for bail pending appeal. The applicant was convicted by the Regional Magistrate at Harare of the offence of rape as defined in s 65 (1) of the Criminal Law Codification and Reform Act [Chapter 9:33]. The allegations against the applicant which he denied were briefly that the applicant and the complainant (aged 17 years old) were neighbours residing at Zimbabwe National Army 2 Brigade Flats in Cranborne. The applicant during the night of 27 February, 2017 knocked on the door to the complainant’s residence but on seeing him, she shut the door. More
This is an appeal against conviction on six counts of unlawful entry into premises as defined in s 131 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].
The appellant was sentenced to 5 years imprisonment on each count. Of the total 30 years imprisonment 2 years imprisonment was suspended for 5 years on the usual condition of good behaviour. A further 8 years imprisonment was suspended on condition of restitution. The appellant’s motor vehicle was forfeited to the state. More
