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Masvingo High Court
Obadiah Mangisi v The State
CA 84-19
Case Details
Court
Masvingo High Court
Date
9 September 2020
Citation
CA 84-19
Neutral Citation
[2020] ZWHMA 84
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Zisengwe J
Full Bench
Mawadze JZisengwe J
Areas of Law
Criminal LawSexual Offences
Keywords
Young personSexual intercourseAge of consentCriminal appealSentencing
Tags
Sexual intercourse with minorAge of consentCriminal appeal
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the sexual relationship commenced in February 2018 when complainant was 15, or in March 2019 when she was 16","issue_type":"fact","dispositive":"yes","related_facts":"Pregnancy timeline, medical evidence, witness testimony"}
- {"issue_text":"Whether appellant had actual or constructive knowledge that complainant was below 16 years","issue_type":"mixed","dispositive":"yes","related_facts":"Family friendship, church attendance, school attendance, age indicators"}
- {"issue_text":"Whether the sentence of 10 years imprisonment (3 years suspended) was excessive","issue_type":"law","dispositive":"partial","related_facts":"Mitigating factors, nature of offence, precedents"}
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background
Facts of the Case
Background
Obadiah Mangisi was convicted of having sexual intercourse with Pashel Chihororo, who was below 16 years of age, in contravention of section 70(1)(a) of the Criminal Law Code. The main factual dispute was whether the sexual relationship commenced in February 2018 when the complainant was 15, or in March 2019 after she turned 16. The court found the relationship started in February 2018.
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