dominick so kasunzu vs republic 2013 tzca 262 23 september 2013

The evidence of the victim (PW1), corroborated by PW2 and PW3, was sufficient to prove penetration and lack of consent beyond reasonable doubt, and no further corroboration was required by law.

Citation: dominick so kasunzu vs republic 2013 tzca 262 23 september 2013
Parties: Appellant: Dominick s/o Kasunzu; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 23 September 2013
Procedural Posture: Criminal Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Rape, Evidence, Corroboration, Standard of Proof
Source Language: English

Criminal Law Rape Evidence Corroboration Standard of Proof

Case Brief

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Parties

Dominick s/o Kasunzu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

1 Whether the charge of rape was proved beyond reasonable doubt
2 Whether corroboration of the victim's evidence was necessary
3 Whether penetration was proved after expunging the PF3 medical report

Ratio Decidendi

The evidence of the victim (PW1), corroborated by PW2 and PW3, was sufficient to prove penetration and lack of consent beyond reasonable doubt, and no further corroboration was required by law.

Court Disposition

appeal dismissed

Orders

conviction and sentence upheld