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S v SABAWU & ANOR 1999 (2) ZLR 314 (H)

1999 (2) ZLR p314

Citation

1999 (2) ZLR 314 (H)

Case No

Judgment No. HH-223-99

Court

High Court, Harare

Judge

Chatikobo J

Heard

10 November 1999

Judgment

10 November 1999

Counsel

Details not supplied

Case Type

Criminal review

Annotations

Link to case annotations

Flynote

Criminal law — rape — penetration — what is required to commit rape — nature of penetration in the medical sense — how this may differ from penetration in legal sense

Criminal procedure — charge — prosecutor's discretion as to which charge to prefer — duty of prosecutor to ensure that the accused is charged with the correct offence

Criminal procedure — review — alteration of verdict on review — Magistrates Court Act [Chapter 7:10] — altering verdict to one which inferior court ought to have returned — verdict may only be altered to one which could have been reached on charge actually brought — whether conviction for indecent assault can be altered to rape

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