S v Jaya (B 839 of 2015; HH 989 of 2015) [2015] ZWHHC 989 (30 December 2015)

S v Jaya (B 839 of 2015; HH 989 of 2015) [2015] ZWHHC 989 (30 December 2015)

The applicant's prospects of success on appeal are nil as the conviction was properly based on the legal definition of penetration, supported by the complainant's evidence and corroboration, and there is no basis to attack the evidence of young persons.

Citation
[2015] ZWHHC 989
Parties
Applicant: Austin Jaya; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
30 December 2015
Case Number
B 839 of 2015 ; HH 989 of 2015
Procedural Posture
Criminal / Bail Pending Appeal
Outcome
application for bail pending appeal dismissed
Legal Topics
Rape, Legal Penetration, Bail Pending Appeal, Evidence of Young Persons
Source Language
English
Criminal Law Rape Legal Penetration Bail Pending Appeal Evidence of Young Persons

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Parties

Austin Jaya

Applicant

The State

Respondent

Procedural Posture

Criminal / Bail Pending Appeal

Legal Issues

  1. 1 Whether the applicant has prospects of success on appeal against conviction for rape based on legal penetration
  2. 2 Whether the evidence of young persons was properly relied upon
  3. 3 Whether the applicant is a suitable candidate for bail pending appeal

Ratio Decidendi

The applicant's prospects of success on appeal are nil as the conviction was properly based on the legal definition of penetration, supported by the complainant's evidence and corroboration, and there is no basis to attack the evidence of young persons.

Court Disposition

application for bail pending appeal dismissed