benedict buyobe bene vs republic 2018 tzca 338 18 september 2018
The evidence was not at variance with the charge sheet regarding the date of offence, the identification parade was unnecessary as the victim knew the appellant, and the victim's credibility was properly assessed by the trial court. The appellant's defence did not relate to the date of the offence. The appeal lacked merit and was dismissed.
- Citation
- benedict buyobe bene vs republic 2018 tzca 338 18 september 2018
- Parties
- Appellant: Benedict Buyobe @ Bene; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 September 2018
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Identification Parade, Credibility of Witnesses, Variance Between Charge and Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Benedict Buyobe @ Bene
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the identification parade was properly conducted
- 2 Whether the evidence was at variance with the charge sheet regarding the date of offence
- 3 Whether the credibility of the victim (PW1) was properly assessed
Ratio Decidendi
The evidence was not at variance with the charge sheet regarding the date of offence, the identification parade was unnecessary as the victim knew the appellant, and the victim's credibility was properly assessed by the trial court. The appellant's defence did not relate to the date of the offence. The appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
Full Case Text
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