20170726 TZHC Dodoma1
The appeal was allowed because the prosecution failed to prove the victim was under 18 years of age beyond reasonable doubt and the charge sheet was incurably defective for not specifying the relevant subsection or particulars, thus denying the accused a fair trial.
- Citation
- 20170726 TZHC Dodoma1
- Parties
- Appellant: Daudi Yared; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 26 July 2017
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Statutory Rape, Defective Charge Sheet, Burden of Proof, Corroboration of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Daudi Yared
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the prosecution proved the victim was under 18 years of age beyond reasonable doubt
- 2 Whether the charge sheet was incurably defective for failing to specify the relevant subsection or particulars
- 3 Whether corroboration of the victim's evidence was necessary after the Sexual Offences Special Provisions Act, 1998
Ratio Decidendi
The appeal was allowed because the prosecution failed to prove the victim was under 18 years of age beyond reasonable doubt and the charge sheet was incurably defective for not specifying the relevant subsection or particulars, thus denying the accused a fair trial.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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