benedict kilembe vs republic 2010 tzca 106 29 november 2010

benedict kilembe vs republic 2010 tzca 106 29 november 2010

The failure to amend the charge from rape to unnatural offence was curable under Section 388 of the Criminal Procedure Act as no failure of justice was occasioned; the evidence established the offence of unnatural offence beyond reasonable doubt; the defence of insanity was not substantiated; and the sentence of life imprisonment was lawful under the Penal Code.

Citation
benedict kilembe vs republic 2010 tzca 106 29 november 2010
Parties
Appellant: Benedict Kilembe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 November 2010
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Unnatural Offence, Variance Between Charge and Evidence, Defence of Insanity, Sentencing
Source Language
English
Criminal Law Rape Unnatural Offence Variance Between Charge and Evidence Defence of Insanity Sentencing

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Parties

Benedict Kilembe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the variance between the charge of rape and the evidence establishing unnatural offence occasioned a miscarriage of justice
  2. 2 Whether the appellant's conviction for unnatural offence was proper despite being charged with rape
  3. 3 Whether the defence of insanity was available to the appellant

Ratio Decidendi

The failure to amend the charge from rape to unnatural offence was curable under Section 388 of the Criminal Procedure Act as no failure of justice was occasioned; the evidence established the offence of unnatural offence beyond reasonable doubt; the defence of insanity was not substantiated; and the sentence of life imprisonment was lawful under the Penal Code.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of life imprisonment upheld