S v Armstrong (1) (CA 2 of 2008)
S v Armstrong (1) (CA 2 of 2008) [2011] NAHC 150 (30 May 2011)
The appellant's own evidence established that he willingly participated in a sexual act with a complainant who was mentally incapacitated and incapable of informed consent, under coercive circumstances as defined by section 2(2)(f)(i) of the Combating of Rape Act, 2000. The trial court misapplied the law regarding attempt and intent, and the only reasonable conclusion is that the appellant was guilty of rape, not attempted rape.
Source excerpt
- Rape
- Attempted rape
- Mental incapacity
- Minimum sentencing
- Appeal procedure