20170726 TZHC Dodoma

20170726 TZHC Dodoma

The conviction cannot stand because the prosecution failed to prove the victim was under 18 years of age and the charge sheet was incurably defective for not specifying the relevant subsection or particulars, depriving the accused of reasonable information about the nature of the offence.

Citation
20170726 TZHC Dodoma
Parties
Appellant: Daudi Yared; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
26 July 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Statutory Rape, Defective Charge Sheet, Standard of Proof, Corroboration of Evidence
Source Language
English
Criminal Law Statutory Rape Defective Charge Sheet Standard of Proof Corroboration of Evidence

Case Brief

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Parties

Daudi Yared

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the prosecution proved the victim was under 18 years of age
  2. 2 Whether the charge sheet was defective for failing to specify the relevant subsection or particulars
  3. 3 Whether corroboration of the victim's evidence was required

Ratio Decidendi

The conviction cannot stand because the prosecution failed to prove the victim was under 18 years of age and the charge sheet was incurably defective for not specifying the relevant subsection or particulars, depriving the accused of reasonable information about the nature of the offence.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside