S v Makorisha (HH 130 of 2004) [2004] ZWHHC 130 (15 June 2004)

S v Makorisha (HH 130 of 2004) [2004] ZWHHC 130 (15 June 2004)

The sentence imposed was grossly inadequate for the rape of a 6-year-old child and did not reflect the seriousness of the offence or serve as a deterrent, thus the proceedings could not be certified as being in accordance with real and substantial justice.

Citation
[2004] ZWHHC 130
Parties
Prosecutor: The State; Accused: Thomas Makorisha
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 June 2004
Case Number
HH 130 of 2004
Procedural Posture
Criminal Review / Automatic Review From Regional Court After Conviction and Sentencing
Outcome
Proceedings not certified as being in accordance with real and substantial justice
Legal Topics
Rape, Sentencing, Sexual Offences Against Children
Source Language
English
Criminal Law Rape Sentencing Sexual Offences Against Children

Case Brief

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Parties

The State

Prosecutor

Thomas Makorisha

Accused

Procedural Posture

Criminal Review / Automatic Review From Regional Court After Conviction and Sentencing

Legal Issues

  1. 1 Whether the sentence imposed for rape of a child was appropriate
  2. 2 Whether the accused's alleged provocation and mental state mitigated the offence

Ratio Decidendi

The sentence imposed was grossly inadequate for the rape of a 6-year-old child and did not reflect the seriousness of the offence or serve as a deterrent, thus the proceedings could not be certified as being in accordance with real and substantial justice.

Court Disposition

Proceedings not certified as being in accordance with real and substantial justice