19900305 TZHC Dar es Salaam

19900305 TZHC Dar es Salaam

The conviction was upheld as the complainant's evidence was materially corroborated by her companion and aspects of the defence witnesses' testimony. The sentence was found to be manifestly inadequate given the age of the victim and was increased to five years imprisonment.

Citation
19900305 TZHC Dar es Salaam
Parties
Appellant: D.P.P.; Respondent: Phaedrine Sultanji
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
5 March 1990
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal against conviction dismissed; appeal against sentence allowed
Legal Topics
Defilement, Sentencing, Corroboration of Evidence, Sexual Offences
Source Language
English
Criminal Law Defilement Sentencing Corroboration of Evidence Sexual Offences

Case Brief

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Parties

D.P.P.

Appellant

Phaedrine Sultanji

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for defilement was supported by sufficient corroborated evidence
  2. 2 Whether the sentence imposed was manifestly inadequate

Ratio Decidendi

The conviction was upheld as the complainant's evidence was materially corroborated by her companion and aspects of the defence witnesses' testimony. The sentence was found to be manifestly inadequate given the age of the victim and was increased to five years imprisonment.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed

Orders

  • Sentence of two years imprisonment set aside
  • Appellant sentenced to five years imprisonment effective from the date he started serving the original sentence