hamisi msitu vs republic 2009 tzca 42 8 july 2009

The prosecution failed to prove beyond reasonable doubt that the complainant was under 18 years of age at the time of the alleged offence; benefit of doubt must be given to the appellant.

Citation: hamisi msitu vs republic 2009 tzca 42 8 july 2009
Parties: Appellant: Hamisi Msitu; Respondent: Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 8 July 2009
Procedural Posture: Criminal Appeal / Second Appeal
Outcome: appeal allowed
Legal Topics: Rape, Proof of Age, Burden of Proof
Source Language: English

Criminal Law Rape Proof of Age Burden of Proof

Case Brief

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Parties

Hamisi Msitu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

1 Whether the prosecution proved beyond reasonable doubt that the complainant was under 18 years of age at the time of the offence
2 Whether the date of the offence was established with certainty

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the complainant was under 18 years of age at the time of the alleged offence; benefit of doubt must be given to the appellant.

Court Disposition

appeal allowed

Orders

The appellant is to be set free immediately unless lawfully held for other reasons.