20180928 TZCA Arusha

20180928 TZCA Arusha

The appeal was dismissed because the evidence of the victim was credible and corroborated, minor contradictions did not affect the substance, and new grounds not raised in the High Court could not be considered by the Court of Appeal.

Citation
20180928 TZCA Arusha
Parties
Appellant: Emmanuel Josephat; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 September 2018
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Appellate Jurisdiction
Source Language
English
Criminal Law Rape Evidence Appellate Jurisdiction

Case Brief

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Parties

Emmanuel Josephat

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the conviction for rape was based on contradictory evidence
  2. 2 Whether new grounds of appeal can be raised at the second appellate stage
  3. 3 Whether the evidence of the victim alone is sufficient for conviction in rape cases

Ratio Decidendi

The appeal was dismissed because the evidence of the victim was credible and corroborated, minor contradictions did not affect the substance, and new grounds not raised in the High Court could not be considered by the Court of Appeal.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety
  • Grounds 1, 2, and 4 struck out for lack of jurisdiction