The appellant appeared before the defined court at Kadoma charged with the crime of Rape as defined in s 65 (1) 9 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] in that on the 31st December 2016, at Collingdale Village Kadoma he had unlawful sexual intercourse with a named adult woman without her consent. The complainant was the appellant’s wife’s young sister and she was visitor at appellant’s homestead when the incident took place. The appellant pleaded not guilty and the matter proceeded to trial. His defence was that the sexual intercourse was consensual. He said the he... More
The present review judgment deals with the issue of whether s114 (2)(a) of the Criminal Law (Codification and Reform) Act [Cap 9:23] has retrospective effect. The section first appeared in the present format as s 12A of the Stock Theft Act [Cap 9:18] before the Stock Act was repealed by the Criminal Law (Codification and Reform) Act, supra, on 23 June 2006. The repealed statute reintroduced the mandatory minimum penalty of not less than 9 years but not more than 25 years imprisonment for the theft of bovine or equine animals. More
The accused was charged with
1. Murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]
2. Defeating or obstructing the course of justice as defined in s 184 (1) (a) of the Criminal (Codification and Reform) Act [Chapter 9:23]
OR
Alternatively
3. ARSON More
This is a case in which the accused was facing a charge of murder as defined in terms of s 47 of the Criminal Law (Codification and Reform Act [Chapter 9:23]. More
The accused was convicted, on her own plea of guilty, of contravening s 3 (1)(a) as read with s 4(1) of the Domestic Violence Act [Cap 5:16]. She was sentenced to 20 months imprisonment of which 6 months imprisonment were suspended on the usual conditions of good behaviour. The remainder were suspended on condition the accused performs community service. More
