emmanuel josephat vs republic 2018 tzca 207 28 september 2018

emmanuel josephat vs republic 2018 tzca 207 28 september 2018

The evidence of PW1 and PW3 was fundamentally consistent except for a minor contradiction on time, which was inconsequential. The evidence of the victim was credible and corroborated by medical evidence and other witnesses. New grounds of appeal not raised in the High Court cannot be entertained by the Court of Appeal.

Citation
emmanuel josephat vs republic 2018 tzca 207 28 september 2018
Parties
Appellant: Emmanuel Josephat; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 September 2018
Procedural Posture
Criminal Appeal / Second Appeal Before the Court of Appeal of Tanzania
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 Before the Court of Appeal of Tanzania

Legal Issues

  1. 1 Whether the evidence of PW1 and PW3 was contradictory and improperly relied upon
  2. 2 Whether new grounds of appeal can be raised for the first time in the Court of Appeal

Ratio Decidendi

The evidence of PW1 and PW3 was fundamentally consistent except for a minor contradiction on time, which was inconsequential. The evidence of the victim was credible and corroborated by medical evidence and other witnesses. New grounds of appeal not raised in the High Court cannot be entertained by the Court of Appeal.

Court Disposition

Appeal dismissed

Orders

  • Grounds 1, 2, and 4 struck out for lack of jurisdiction
  • Conviction and sentence upheld