20180918 TZCA Dar es salaam

20180918 TZCA Dar es salaam

The evidence established the offence was committed on the date alleged in the charge sheet, and any discrepancy was immediately corrected by the witness. The identification parade was improperly conducted but was unnecessary as the victim previously knew the appellant. The credibility of the victim was properly assessed by the trial court, and the appellant's defence was justifiably rejected. The appeal is without merit and is dismissed.

Citation
20180918 TZCA Dar es salaam
Parties
Appellant: Benedict Buyobe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 September 2018
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal) From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Rape, Identification Parade, Credibility of Witness, Variance Between Charge and Evidence
Source Language
English
Criminal Law Rape Identification Parade Credibility of Witness Variance Between Charge and Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Benedict Buyobe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal) From High Court Decision

Legal Issues

  1. 1 Whether the conviction was vitiated by a variance between the charge sheet and evidence regarding the date of offence
  2. 2 Whether the identification parade was properly conducted
  3. 3 Whether the credibility of the victim (PW1) was properly assessed

Ratio Decidendi

The evidence established the offence was committed on the date alleged in the charge sheet, and any discrepancy was immediately corrected by the witness. The identification parade was improperly conducted but was unnecessary as the victim previously knew the appellant. The credibility of the victim was properly assessed by the trial court, and the appellant's defence was justifiably rejected. The appeal is without merit and is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence upheld