emmanuel adam vs republic 2015 tzca 510 18 august 2015

emmanuel adam vs republic 2015 tzca 510 18 august 2015

The prosecution failed to prove the age of the victim as being below ten years; therefore, the sentence of life imprisonment was unlawful and substituted with thirty years imprisonment. The conviction was otherwise proper based on the evidence received in compliance with the law.

Citation
emmanuel adam vs republic 2015 tzca 510 18 august 2015
Parties
Appellant: Emmanuel Adam; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
18 August 2015
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal against conviction dismissed; sentence varied
Legal Topics
Unnatural Offence, Evidence of Children, Sentencing, Proof of Age
Source Language
English
Criminal Law Unnatural Offence Evidence of Children Sentencing Proof of Age

Case Brief

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Parties

Emmanuel Adam

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the conviction based on the evidence of children of tender age was proper
  2. 2 Whether the prosecution proved the age of the victim to justify the sentence under section 154(2) of the Penal Code
  3. 3 Whether the sentence of life imprisonment was lawful in absence of proof of age

Ratio Decidendi

The prosecution failed to prove the age of the victim as being below ten years; therefore, the sentence of life imprisonment was unlawful and substituted with thirty years imprisonment. The conviction was otherwise proper based on the evidence received in compliance with the law.

Court Disposition

appeal against conviction dismissed; sentence varied

Orders

  • Sentence of life imprisonment quashed and set aside
  • Sentence of thirty years imprisonment substituted under section 154(1) of the Penal Code, to run from date of conviction