THE STATE v TINASHE MAKAMBA THE STATE v BENICE SAHUMBE THE STATE v MARSHAL MUCHABAIWA THE STATE v FARAI KAPIRIKWETE

HH 282-17

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Case Details

Court

Harare High Court

Date

17 May 2017

Citation

HH 282-17

Neutral Citation

[2017] ZWHH 282

Outcome

unknown

Case Type

Review

Bench

Presiding

NDEWERE J

Full Bench

TAGU JNDEWERE J

Areas of Law

Criminal LawCriminal Procedure

Keywords

Statutory RapeConsensual Sex with MinorSentencingCustodial SentenceNon-Custodial Sentence

Key Issues

{"issue_text":"Whether the custodial sentences imposed for consensual sex with minors were appropriate and in line with sentencing trends","issue_type":"law","dispositive":"yes","related_facts":"All four cases involved consensual sex with minors where custodial sentences were imposed"}
{"issue_text":"What constitutes appropriate sentencing for statutory rape where the intercourse was consensual and the parties were in a relationship","issue_type":"law","dispositive":"yes","related_facts":"All accused were in relationships with complainants and intercourse was consensual"}

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background

Facts of the Case

Background

Four separate criminal cases were reviewed, involving accused persons convicted of consensual sexual intercourse with minors aged 13-15 years. The accused persons were in relationships with the complainants. The High Court found the custodial sentences imposed by the magistrates to be excessive and substituted them with fines or short imprisonment terms.

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