S v Kaseke (CA 1244 of 2013) [2015] ZWHHC 444 (11 May 2015)

S v Kaseke (CA 1244 of 2013) [2015] ZWHHC 444 (11 May 2015)

The appellant had reasonable cause to believe the complainant was at least sixteen years old at the time of the incident, and the state failed to prove his guilt beyond reasonable doubt. The conviction was therefore erroneous and must be quashed.

Citation
[2015] ZWHHC 444
Parties
Appellant: Foster Kaseke; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
11 May 2015
Case Number
CA 1244 of 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction quashed; appellant acquitted.
Legal Topics
Rape, Sexual Intercourse With a Young Person, Defence of Reasonable Belief as to Age, Standard of Proof, Sentencing
Source Language
English
Criminal Law Rape Sexual Intercourse With a Young Person Defence of Reasonable Belief as to Age Standard of Proof Sentencing

Case Brief

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Parties

Foster Kaseke

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant had reasonable cause to believe the complainant was over sixteen years old
  2. 2 Whether the state proved the appellant's guilt beyond reasonable doubt
  3. 3 Whether the mandatory minimum sentence was properly imposed

Ratio Decidendi

The appellant had reasonable cause to believe the complainant was at least sixteen years old at the time of the incident, and the state failed to prove his guilt beyond reasonable doubt. The conviction was therefore erroneous and must be quashed.

Court Disposition

Appeal allowed; conviction quashed; appellant acquitted.

Orders

  • The appeal is upheld.
  • The conviction is quashed and the sentence set aside.