THE STATE v CHIKAZHE 1980 ZLR 147 (G)
THE STATE v CHIKAZHE 1980 ZLR 147 (G)
1980 ZLR p147
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Citation |
1980 ZLR 147 (G) |
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Case No |
Details
not supplied |
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Court |
General Division, Salisbury |
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Judge |
Beadle, AJ
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Heard |
11th June 1980 |
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Judgment |
11th June 1980 |
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Counsel |
Details
not supplied |
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Case Type |
Criminal Review |
Annotations No case annotations to date
Flynote
Criminal procedure — competent
verdict — whether competent to convict accused of contravening section 3 (a) of
the Criminal Law Amendment Act [Chapter 58] F on charge of housebreaking
with intent to commit rape.
Headnote
The offence of having sexual relations
with a girl under the age of 16 in contravention of section 3 (a) of the
Criminal Law Amendment Act [Chapter 58] is not a competent verdict on a charge
of housebreaking with intent to commit G rape.
Cases cited
R v Moosa and Ors 1960 (3) SA 517 (AD).
Judgment
Beadle AJ: The accused in this case
was charged with housebreaking with intent to commit rape and was convicted of
contravening H section 3 (a) of the Criminal Law Amendment Act
[Chapter 58], that is, having relations with a girl under the statutory age of
16. It does not appear to me that this is a competent verdict on the charge of
housebreaking with intent to commit rape. Neither sections
199 (2) or (3) nor 210 of the Criminal Procedure and
Evidence Act [Chapter 59] are
1980
ZLR p148
Beadle AJ
applicable to the charge in this case. The offence with
which the accused was charged does not embrace the offence of which he was
convicted.
See R v Moosa & Ors 1960 (3) SA 517 (AD) at 532. A
The magistrate admits
that he erred, and the AttorneyGeneral does not support the conviction. The
conviction and sentence are accordingly set aside. My brother Beck agrees with
these conclusions. B
