adam shango vs republic 2022 tzca 821 22 december 2022

adam shango vs republic 2022 tzca 821 22 december 2022

Despite procedural irregularities leading to the expunging of the cautioned statement and government chemist report, the remaining credible and corroborated evidence of the victim's mother and the medical doctor sufficiently proved the offence beyond reasonable doubt. The procedural complaints lacked merit, and the conviction and sentence were properly sustained.

Citation
adam shango vs republic 2022 tzca 821 22 december 2022
Parties
Appellant: Adam Shango; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
22 December 2022
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Unnatural Offence, Evidence, Procedure in Criminal Appeals, Standard of Proof, Admissibility of Evidence
Source Language
English
Criminal Law Unnatural Offence Evidence Procedure in Criminal Appeals Standard of Proof Admissibility of Evidence

Case Brief

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Parties

Adam Shango

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the conviction was based on properly admitted and credible evidence
  2. 2 Whether procedural irregularities vitiated the conviction
  3. 3 Whether the age of the victim was proved

Ratio Decidendi

Despite procedural irregularities leading to the expunging of the cautioned statement and government chemist report, the remaining credible and corroborated evidence of the victim's mother and the medical doctor sufficiently proved the offence beyond reasonable doubt. The procedural complaints lacked merit, and the conviction and sentence were properly sustained.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of life imprisonment upheld
  • Exhibits PE1 (cautioned statement) and PE3 (government chemist report) expunged from the record