edwin thobias paul vs republic 2018 tzca 367 10 may 2018
The evidence of PW1, PW2, and PW3 established all the ingredients of attempted rape; the appellant admitted the offence and failed to cross-examine key witnesses; the intoxication defence was not properly raised; and the sentence imposed was the statutory minimum for the offence.
- Citation
- edwin thobias paul vs republic 2018 tzca 367 10 may 2018
- Parties
- Appellant: Edwin Thobias Paul; Respondent: Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 10 May 2018
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- Appeal dismissed
- Legal Topics
- Attempted Rape, Sentencing, Appeals, Intoxication as Defence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Edwin Thobias Paul
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the prosecution proved the offence of attempted rape beyond reasonable doubt
- 2 Whether the appellant's defence of intoxication was properly considered
- 3 Whether the sentence of 30 years' imprisonment was manifestly excessive
Ratio Decidendi
The evidence of PW1, PW2, and PW3 established all the ingredients of attempted rape; the appellant admitted the offence and failed to cross-examine key witnesses; the intoxication defence was not properly raised; and the sentence imposed was the statutory minimum for the offence.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed in its entirety
- Third ground of appeal (intoxication) struck out
Full Case Text
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