bakari hamisi lingambe vs republic 2014 tzca 260 3 december 2014

bakari hamisi lingambe vs republic 2014 tzca 260 3 december 2014

The conviction was upheld as the prosecution evidence was credible, corroborated, and established the offence beyond reasonable doubt. The order for compensation was set aside as the appellant was not given an opportunity to be heard on his ability to pay.

Citation
bakari hamisi lingambe vs republic 2014 tzca 260 3 december 2014
Parties
Appellant: Bakari Hamisi Ling'ambe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
3 December 2014
Procedural Posture
Criminal Appeal / Second Appeal From High Court Decision
Outcome
Appeal partly allowed
Legal Topics
Rape, Sentencing, Compensation, Evidence, Appeals
Source Language
English
Criminal Law Rape Sentencing Compensation Evidence Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Bakari Hamisi Ling'ambe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court Decision

Legal Issues

  1. 1 Whether the conviction was proper based on the evidence presented
  2. 2 Whether the appellant's defence was considered
  3. 3 Whether the order for compensation was lawfully imposed

Ratio Decidendi

The conviction was upheld as the prosecution evidence was credible, corroborated, and established the offence beyond reasonable doubt. The order for compensation was set aside as the appellant was not given an opportunity to be heard on his ability to pay.

Court Disposition

Appeal partly allowed

Orders

  • Order for payment of Tsh. 1,000,000/= as compensation set aside
  • Conviction and sentence of life imprisonment upheld