S v CHIKORE 1987 (2) ZLR 48 (H)

Flynote

Criminal law — unnatural offence — what constitutes — "buggery" not part of Zimbabwean law. D

Criminal procedure — sentence — bestiality — factors to be considered in assessing sentence.

Headnote

There are three categories of offences involving sexual acts contrary to the order of nature: sodomy, bestiality and a third category into which fall certain residual sexually abnormal acts classified generally as unnatural offences. It is not possible to define with precision what types of sexually deviant acts constitute an unnatural offence, although the nature and number of such acts are more limited than they were. It is an open question whether sexual acts between females constitute unnatural offences. The term "buggery" is not known to our law.

In assessing sentence for offences of bestiality, four considerations should be taken into account: the prevalence of the offence; the character and motivation of the accused; whether others were affronted or corrupted by the offence; and whether any injury was caused to the animal. The list is not exhaustive.