erick ashery vs republic 2021 tzhc 2124 29 january 2021
Conviction was unsafe due to material contradictions regarding pregnancy age, failure to prove victim's age, and procedural irregularities in tendering and admitting exhibits.
- Citation
- erick ashery vs republic 2021 tzhc 2124 29 january 2021
- Parties
- Appellant: Erick Ashery; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 29 January 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Statutory Rape, Proof of Age, Procedural Irregularities, Evidence Admission, DNA Testing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Parties
Erick Ashery
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether contradictions in evidence regarding pregnancy age undermine conviction
- 2 Whether prosecution proved the age of the victim for statutory rape
- 3 Whether exhibits were properly tendered and admitted
Ratio Decidendi
Conviction was unsafe due to material contradictions regarding pregnancy age, failure to prove victim's age, and procedural irregularities in tendering and admitting exhibits.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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