S v Mutatariki (CA 1002 of 2015; CA 1082 of 2012; HH 993 of 2015; REF CRB R 28 of 2012) [2016] ZWHHC 993 (13 January 2016)

S v Mutatariki (CA 1002 of 2015; CA 1082 of 2012; HH 993 of 2015; REF CRB R 28 of 2012) [2016] ZWHHC 993 (13 January 2016)

The delay of over one year and two months was inordinate and deliberate, the explanations for the delay were unsatisfactory, and the intended appeal had no reasonable prospects of success as the lower courts properly analyzed the evidence and treated the complainant appropriately given her age.

Citation
[2016] ZWHHC 993
Parties
Applicant: Lenin Mutatariki; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
13 January 2016
Case Number
CA 1002 of 2015 ; CA 1082 of 2012 ; HH 993 of 2015 ; REF CRB R 28 of 2012
Procedural Posture
Criminal Appeal / Ruling on Condonation and Leave to Appeal
Outcome
applications for condonation and leave to appeal dismissed
Legal Topics
Condonation, Leave to Appeal, Rape, Appellate Procedure, Delay in Filing Appeal
Source Language
English
Criminal Law Criminal Procedure Condonation Leave to Appeal Rape Appellate Procedure Delay in Filing Appeal

Case Brief

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Parties

Lenin Mutatariki

Applicant

The State

Respondent

Procedural Posture

Criminal Appeal / Ruling on Condonation and Leave to Appeal

Legal Issues

  1. 1 Whether the applicant should be granted condonation for late filing of application for leave to appeal
  2. 2 Whether the applicant should be granted leave to appeal to the Supreme Court

Ratio Decidendi

The delay of over one year and two months was inordinate and deliberate, the explanations for the delay were unsatisfactory, and the intended appeal had no reasonable prospects of success as the lower courts properly analyzed the evidence and treated the complainant appropriately given her age.

Court Disposition

applications for condonation and leave to appeal dismissed

Orders

  • Both applications for condonation and for leave to appeal are dismissed.