S v Banda (HCA 41 of 1998) [2002] ZWBHC 13 (20 February 2002)

S v Banda (HCA 41 of 1998) [2002] ZWBHC 13 (20 February 2002)

There was no evidence of legal penetration as required for a conviction of rape; mere contact of the male organ with the female genital organ without penetration does not constitute rape. The evidence established attempted rape, not rape.

Citation
[2002] ZWBHC 13
Parties
Appellant: Maxwell Banda; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
20 February 2002
Case Number
HCA 41 of 1998
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction allowed in part; conviction for rape set aside and substituted with attempted rape; appeal against sentence dismissed.
Legal Topics
Rape, Attempted Rape, Sexual Offences, Evidence, Sentencing
Source Language
English
Criminal Law Rape Attempted Rape Sexual Offences Evidence Sentencing

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Parties

Maxwell Banda

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the crime of rape was committed
  2. 2 Whether the complainant’s evidence was corroborated

Ratio Decidendi

There was no evidence of legal penetration as required for a conviction of rape; mere contact of the male organ with the female genital organ without penetration does not constitute rape. The evidence established attempted rape, not rape.

Court Disposition

Appeal against conviction allowed in part; conviction for rape set aside and substituted with attempted rape; appeal against sentence dismissed.

Orders

  • Conviction for rape set aside and substituted with conviction for attempted rape.
  • Sentence of 10 years imprisonment with 2 years suspended remains.