Moffat Teka v The State

HH 158-18

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Case Details

Court

Harare High Court

Date

21 March 2018

Citation

HH 158-18

Neutral Citation

[2018] ZWHH 158

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MUSAKWA J

Full Bench

MUSAKWA JCHATUKUTA J

Areas of Law

Criminal LawCriminal Procedure

Keywords

rapeunlawful entrycommon purposeaccomplicecriminal liability

Key Issues

{"issue_text":"Whether the appellant can be convicted of rape based on common purpose when he denies direct participation","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant admitted entering house but denied entering bedroom or raping complainant; appellant was found with stolen property; house was small two-roomed structure"}
{"issue_text":"Whether the trial court properly applied sentencing guidelines under section 65 of the Criminal Law (Codification and Reform) Act","issue_type":"law","dispositive":"no","related_facts":"Appellant sentenced to 20 years for rape and 18 years (5 suspended) for unlawful entry"}

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background

Facts of the Case

Background

The appellant was convicted of one count of rape and two counts of unlawful entry. He and co-accused broke into the complainant's house in Cowdray Park, Bulawayo in the early hours of 3 October 2011. The complainant was ordered to undress and was raped while property was stolen. The appellant denied the rape charge but admitted to unlawful entry. He was found in possession of stolen property linking him to the crimes.

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