abasi selemani mbinga vs republic 2011 tzca 6 29 september 2011

abasi selemani mbinga vs republic 2011 tzca 6 29 september 2011

The appellant's police statement was illegally obtained and expunged, but the credible evidence of PW1 and PW2 was sufficient to prove the offence beyond reasonable doubt. The thirty-year sentence imposed was the mandatory minimum under the law.

Citation
abasi selemani mbinga vs republic 2011 tzca 6 29 september 2011
Parties
Appellant: Abas Selemani Mbinga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 September 2011
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Attempted Rape, Sentencing, Evidence, Procedural Compliance
Source Language
English
Criminal Law Attempted Rape Sentencing Evidence Procedural Compliance

Case Brief

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Parties

Abas Selemani Mbinga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the appellant's police statement was recorded in contravention of section 50 of the Criminal Procedure Act
  2. 2 Whether the evidence of PW1 and PW2, who are husband and wife, was credible and should be relied upon
  3. 3 Whether the appellant was informed of his rights under section 231 of the Criminal Procedure Act

Ratio Decidendi

The appellant's police statement was illegally obtained and expunged, but the credible evidence of PW1 and PW2 was sufficient to prove the offence beyond reasonable doubt. The thirty-year sentence imposed was the mandatory minimum under the law.

Court Disposition

appeal dismissed

Orders

  • The appellant's police statement is expunged from the record.
  • The conviction and thirty-year sentence are upheld.