THE STATE v VLADIMIR MASHATISE

Key Issues

• {"issue_text":"Whether the trial court erred in failing to advise the unrepresented appellant of the defense under s 70(3) of the Criminal Law (Codification and Reform) Act.","issue_type":"procedural","dispositive":"yes","related_facts":"The appellant was unrepresented and the court did not explain the statutory defense."}
• {"issue_text":"Whether the trial court erred in failing to subpoena a crucial witness (Mai Tinevimbo) or to seek corroboration for the complainant's evidence.","issue_type":"procedural","dispositive":"yes","related_facts":"Mai Tinevimbo was a crucial witness who was never called."}
• {"issue_text":"Whether the trial court gave adequate reasons for its conclusion regarding the complainant's appearance and the appellant's belief about her age.","issue_type":"procedural","dispositive":"yes","related_facts":"The magistrate made a conclusion without stating the factual basis for it."}

Background