damian ruhele vs republic 2012 tzca 160 2 march 2012

damian ruhele vs republic 2012 tzca 160 2 march 2012

The evidence established the essential element of threatening required for attempted rape, and procedural defects in the charge and variance of dates were curable under the Criminal Procedure Act; the appeal lacked merit and was dismissed.

Citation
damian ruhele vs republic 2012 tzca 160 2 march 2012
Parties
Appellant: Damian Ruhele; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 March 2012
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
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

Case Brief

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Parties

Damian Ruhele

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the charge disclosed the essential elements of attempted rape
  2. 2 Whether variance in dates between charge and evidence was material
  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, and procedural defects in the charge and variance of dates were curable under the Criminal Procedure Act; the appeal lacked merit and was dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed