20120301 TZCA Mwanza3

20120301 TZCA Mwanza3

The evidence established the essential element of threatening required for attempted rape; any defect in the charge or variance of dates was curable and did not prejudice the appellant; the PF3 was not relied upon in conviction.

Citation
20120301 TZCA Mwanza3
Parties
Appellant: Damian Ruhele; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 March 2012
Procedural Posture
Criminal Appeal / Appeal From High Court Decision Affirming Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence affirmed.
Legal Topics
Attempted Rape, Defective Charge, Variance of Dates, Admissibility of Evidence
Source Language
English
Criminal Law Attempted Rape Defective Charge Variance of Dates Admissibility of Evidence

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Parties

Damian Ruhele

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision Affirming Conviction and Sentence

Legal Issues

  1. 1 Whether the charge was defective for failing to disclose essential elements of attempted rape
  2. 2 Whether variance of dates between charge and evidence was fatal
  3. 3 Whether introduction of PF3 offended Section 240(3) of the Criminal Procedure Act

Ratio Decidendi

The evidence established the essential element of threatening required for attempted rape; any defect in the charge or variance of dates was curable and did not prejudice the appellant; the PF3 was not relied upon in conviction.

Court Disposition

Appeal dismissed; conviction and sentence affirmed.