damas mgova vs republic 2022 tzca 657 28 october 2022
The variance between the date in the charge and the prosecution evidence was not remedied by amendment, and prosecution failed to prove the case beyond reasonable doubt as required by law.
- Citation
- damas mgova vs republic 2022 tzca 657 28 october 2022
- Parties
- Appellant: Damas M Gova; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 October 2022
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Unnatural Offence, Variance Between Charge and Evidence, Burden of Proof, Amendment of Charge
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Parties
Damas M Gova
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether variance between the date in the charge and prosecution evidence vitiates conviction
- 2 Whether prosecution proved the case beyond reasonable doubt
Ratio Decidendi
The variance between the date in the charge and the prosecution evidence was not remedied by amendment, and prosecution failed to prove the case beyond reasonable doubt as required by law.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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