emmanuel so phabian vs republic 2021 tzca 133 27 april 2021

emmanuel so phabian vs republic 2021 tzca 133 27 april 2021

The omission to cite paragraph (a) of section 130(2) of the Penal Code did not prejudice the appellant, and the evidence of the victim, found credible by both lower courts and unchallenged by the appellant, was sufficient to prove the offence of rape beyond reasonable doubt.

Citation
emmanuel so phabian vs republic 2021 tzca 133 27 april 2021
Parties
Appellant: Emmanuel s/o Phabian; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 April 2021
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Rape, Defective Charge, Standard of Proof, Credibility of Witnesses, Sexual Offences
Source Language
English
Criminal Law Rape Defective Charge Standard of Proof Credibility of Witnesses Sexual Offences

Case Brief

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Parties

Emmanuel s/o Phabian

Appellant

The Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the conviction was based on a defective charge
  2. 2 Whether the prosecution proved the charge of rape beyond reasonable doubt

Ratio Decidendi

The omission to cite paragraph (a) of section 130(2) of the Penal Code did not prejudice the appellant, and the evidence of the victim, found credible by both lower courts and unchallenged by the appellant, was sufficient to prove the offence of rape beyond reasonable doubt.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in its entirety