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