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S v MACHONA 2015 (1) ZLR 665 (H)

2015 (1) ZLR p665

Citation

2015 (1) ZLR 665 (H)

Case No

Judgment No. HH-450-15

Court

High Court, Harare

Judge

Hungwe J & Bere J

Heard

14 September 2014; CAV

Judgment

13 May 2015

Counsel

B Ndhlovu, for the appellant
E Makoto, for the respondent

Case Type

Criminal appeal

Annotations

No case annotations to date

Flynote

Criminal law offences under Criminal Law Code – rape – sexual relations with mentally incompetent person – onus on accused to prove that complainant was able to consent and that she did consent

Evidence – witness – competence – mentally retarded person – whether capable of giving evidence – court entitled to make assessment while witness testifies

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