godfrey mahona vs republic 2017 tzca 359 16 august 2017

godfrey mahona vs republic 2017 tzca 359 16 august 2017

Notice of appeal was validly given within time; voire dire examination was properly conducted; cautioned statement was inadmissible and expunged; compensation order set aside due to charge sheet defect; conviction and sentence for rape upheld based on credible evidence.

Citation
godfrey mahona vs republic 2017 tzca 359 16 august 2017
Parties
Appellant: Godfrey Mahona; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 August 2017
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Procedure for Notice of Appeal, Compensation Order, Admissibility of Evidence, Medical Examination
Source Language
English
Criminal Law Rape Procedure for Notice of Appeal Compensation Order Admissibility of Evidence Medical Examination

Case Brief

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Parties

Godfrey Mahona

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether notice of appeal was given within prescribed time
  2. 2 Whether voire dire examination was properly conducted
  3. 3 Admissibility of cautioned statement taken beyond prescribed time

Ratio Decidendi

Notice of appeal was validly given within time; voire dire examination was properly conducted; cautioned statement was inadmissible and expunged; compensation order set aside due to charge sheet defect; conviction and sentence for rape upheld based on credible evidence.

Court Disposition

appeal dismissed

Orders

  • compensation order set aside
  • conviction and sentence for rape upheld