THE STATE v OWEN TIRIVANHU

HH 219-10

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Case Details

Court

Harare High Court

Date

9 July 2010

Citation

HH 219-10

Neutral Citation

[2010] ZWHH 219

Outcome

unknown

Case Type

Review

Bench

Presiding

UCHENA J

Full Bench

UCHENA JBHUNU J

Areas of Law

Criminal LawCriminal Procedure

Keywords

RapePenetrationAttemptCommunity ServiceJudicial Review

Key Issues

{"issue_text":"Whether the accused's actions on counts 1 and 3 constitute rape or attempted rape","issue_type":"law","dispositive":"yes","related_facts":"The complainant's evidence that on count 1 the penis was placed outside near the hole, and on count 3 the penis only touched the outside"}
{"issue_text":"Whether the sentence of 840 hours of community service is permissible under the guidelines","issue_type":"law","dispositive":"yes","related_facts":"The Regional Magistrate imposed 840 hours of community service"}
{"issue_text":"Whether the slightest penetration is sufficient to constitute rape","issue_type":"law","dispositive":"yes","related_facts":"The Regional Magistrate's interpretation of penetration"}

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Facts of the Case

Background

The accused, who was 16 at the time of the offences and 19 at conviction, was convicted of raping a 12-year-old girl on three occasions. The High Court found that on two occasions there was no penetration as described by the complainant, and the convictions for those counts were set aside and substituted with attempted rape. The sentence was amended to reduce the community service hours from 840 to 630.

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