CHARLES LUNYEMBE
Penetration and rape were not proved beyond reasonable doubt, and the trial court failed to consider the defence evidence, vitiating the conviction.
Source-derived case information.
- Citation
- CHARLES LUNYEMBE
- Parties
- Appellant: Charles Lunyembe; Respondent: Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 26 February 2023
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Unnatural Offence, Burden of Proof, Defective Charge, Evaluation of Evidence
- Source Language
- english
Criminal Law Rape Unnatural Offence Burden of Proof Defective Charge Evaluation of Evidence
Source-derived case record
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Parties
Charles Lunyembe
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the charge was defective due to wrong citation
- 2 Whether penetration and rape were proved beyond reasonable doubt
- 3 Whether the trial court properly considered the defence evidence
Ratio Decidendi
Penetration and rape were not proved beyond reasonable doubt, and the trial court failed to consider the defence evidence, vitiating the conviction.
Court Disposition
appeal allowed
Orders
- appellant's immediate release from custody unless otherwise lawfully held
Full Case Text
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