S v Ndlovu (CRB 244 of 2001) [2002] ZWBHC 28 (10 April 2002)

S v Ndlovu (CRB 244 of 2001) [2002] ZWBHC 28 (10 April 2002)

The evidence did not support an intention to rape; appellant's actions amounted to indecent assault, not attempted rape.

Citation
[2002] ZWBHC 28
Parties
Appellant: Nikiwe Ndlovu; Respondent: The State
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
10 April 2002
Case Number
CRB 244 of 2001
Procedural Posture
Criminal Appeal / Judgment
Outcome
conviction for attempted rape set aside; substituted with conviction for indecent assault; sentence reduced
Legal Topics
Attempted Rape, Indecent Assault, Customary Law, Sentencing
Source Language
English
Criminal Law Attempted Rape Indecent Assault Customary Law Sentencing

Case Brief

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Parties

Nikiwe Ndlovu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 whether appellant's actions amounted to attempted rape
  2. 2 whether customary law permitted the conduct
  3. 3 whether sentence was excessive

Ratio Decidendi

The evidence did not support an intention to rape; appellant's actions amounted to indecent assault, not attempted rape.

Court Disposition

conviction for attempted rape set aside; substituted with conviction for indecent assault; sentence reduced

Orders

  • Appellant convicted of indecent assault instead of attempted rape.
  • Appellant fined $600 or in default 3 months imprisonment with labour.