hassan bundala swaga vs the republic 2015 tzca 261 23 february 2015

hassan bundala swaga vs the republic 2015 tzca 261 23 february 2015

The grounds raised by the appellant were either afterthoughts or without merit; the age and penetration were proved by unchallenged evidence; intoxication is not a defence to rape; however, the trial magistrate failed to properly conduct voire dire and record compliance with legal requirements for child witnesses, which was improper but did not affect the conviction due to overwhelming evidence.

Citation
hassan bundala swaga vs the republic 2015 tzca 261 23 february 2015
Parties
Appellant: Hassan Bundala @ Swaga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
23 February 2015
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Rape, Evidence of Child Witnesses, Voire Dire, Intoxication as a Defence, Proof of Age, Sentencing
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Voire Dire Intoxication as a Defence Proof of Age Sentencing

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Parties

Hassan Bundala @ Swaga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the age of the victim was proved to warrant a life sentence
  2. 2 Whether penetration was proved
  3. 3 Whether intoxication was properly considered as a defence

Ratio Decidendi

The grounds raised by the appellant were either afterthoughts or without merit; the age and penetration were proved by unchallenged evidence; intoxication is not a defence to rape; however, the trial magistrate failed to properly conduct voire dire and record compliance with legal requirements for child witnesses, which was improper but did not affect the conviction due to overwhelming evidence.

Court Disposition

Appeal dismissed