hashim so amasha vs republic 2019 tzca 267 29 august 2019

hashim so amasha vs republic 2019 tzca 267 29 august 2019

The appellant was properly identified by a familiar victim, the age of the victim was sufficiently proven to be under ten years, the voire dire examination was properly conducted, medical and victim evidence established penetration, the appellant's defence was considered and rejected, and the prosecution proved its case beyond reasonable doubt. There was no basis to interfere with the concurrent findings of the lower courts.

Citation
hashim so amasha vs republic 2019 tzca 267 29 august 2019
Parties
Appellant: Hashimu Amasha; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 August 2019
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Rape, Sexual Offences Against Children, Evidence, Sentencing, Appeals
Source Language
English
Criminal Law Rape Sexual Offences Against Children Evidence Sentencing Appeals

Case Brief

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Parties

Hashimu Amasha

Appellant

The Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant was properly identified as the perpetrator
  2. 2 Whether the age of the victim was sufficiently proven
  3. 3 Whether the voire dire examination of the child witness was properly conducted

Ratio Decidendi

The appellant was properly identified by a familiar victim, the age of the victim was sufficiently proven to be under ten years, the voire dire examination was properly conducted, medical and victim evidence established penetration, the appellant's defence was considered and rejected, and the prosecution proved its case beyond reasonable doubt. There was no basis to interfere with the concurrent findings of the lower courts.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of life imprisonment upheld
  • Compensation order of TZS 2,000,000.00 to the victim maintained