20021008 TZHC Dar es Salaam

The evidence on record does not establish rape, attempted rape, or grave sexual abuse as the acts committed by the appellant are not sufficiently described; conviction cannot stand.

Citation: 20021008 TZHC Dar es Salaam
Parties: Applicant: Frank Mkude Kobelo; Respondent: Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 8 October 2002
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Rape, Attempted Rape, Sexual Assault, Grave Sexual Abuse
Source Language: English

Criminal Law Rape Attempted Rape Sexual Assault Grave Sexual Abuse

Case Brief

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Parties

Frank Mkude Kobelo

Applicant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the evidence establishes the offence of rape
2 Whether the evidence establishes attempted rape
3 Whether the evidence establishes grave sexual abuse

Ratio Decidendi

The evidence on record does not establish rape, attempted rape, or grave sexual abuse as the acts committed by the appellant are not sufficiently described; conviction cannot stand.

Court Disposition

appeal allowed

Orders

conviction quashed
sentence set aside