Tsiba v S (CA 44/2022)
Tsiba v S (CA 44/2022) [2023] ZANWHC 27 (15 March 2023)
The court found that the charge sheet, while not explicitly referencing 'Part I of Schedule 2,' made clear reference to section 51(1) of the Criminal Law Amendment Act and specified the complainant's age, thereby establishing the jurisdictional fact required for the prescribed minimum sentence of life imprisonment. The technical ground of appeal was dismissed. The trial court's brevity in sentencing and failure to properly consider the impact on the victim constituted a material misdirection, entitling the appellate court to reconsider sentence afresh. Upon review, the court found no substant…
Source excerpt
- Minimum Sentences
- Rape Of Minor
- Substantial And Compelling Circumstances
- Sentencing Discretion
- Firearm Disqualification
- Sex Offender Registration