emmanuel adam vs republic 2015 tzca 228 17 august 2015

emmanuel adam vs republic 2015 tzca 228 17 august 2015

The prosecution failed to prove the victim was under ten years old, so sentencing under section 154(2) was not justified; however, the conviction was proper based on the evidence received in compliance with the Evidence Act.

Citation
emmanuel adam vs republic 2015 tzca 228 17 august 2015
Parties
Appellant: Emmanuel Adam; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 August 2015
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal against conviction dismissed; sentence of life imprisonment quashed and substituted with thirty years imprisonment.
Legal Topics
Unnatural Offence, Sentencing, Evidence of Children, Standard of Proof
Source Language
English
Criminal Law Unnatural Offence Sentencing Evidence of Children Standard of Proof

Case Brief

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Parties

Emmanuel Adam

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the conviction was based on properly received evidence from children of tender age
  2. 2 Whether the age of the victim was proved to justify sentencing under section 154(2) of the Penal Code
  3. 3 Whether the prosecution proved the charge beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove the victim was under ten years old, so sentencing under section 154(2) was not justified; however, the conviction was proper based on the evidence received in compliance with the Evidence Act.

Court Disposition

Appeal against conviction dismissed; sentence of life imprisonment quashed and substituted with thirty years imprisonment.

Orders

  • Sentence of life imprisonment set aside
  • Appellant to serve thirty years imprisonment from date of conviction