amimu rashid vs republic 2007 tzhc 142 10 july 2007
The prosecution failed to prove the complainant's age beyond reasonable doubt and failed to prove lack of consent; reasonable doubt exists and must be resolved in favour of the appellant.
- Citation
- amimu rashid vs republic 2007 tzhc 142 10 july 2007
- Parties
- Appellant: Amimu Rashid; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 10 July 2007
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Consent, Burden of Proof, Age of Complainant
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Amimu Rashid
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved the complainant's age beyond reasonable doubt
- 2 Whether the sexual intercourse was without the complainant's consent
Ratio Decidendi
The prosecution failed to prove the complainant's age beyond reasonable doubt and failed to prove lack of consent; reasonable doubt exists and must be resolved in favour of the appellant.
Court Disposition
appeal allowed
Orders
- District Court's judgment quashed
- sentence set aside
Full Case Text
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