20111006 TZCA Mtwara 3
The appellant's admission to sexual intercourse with a girl under eighteen years of age, regardless of her consent, satisfies the statutory definition of rape under section 130(2)(e) of the Penal Code. The conviction was therefore proper.
- Citation
- 20111006 TZCA Mtwara 3
- Parties
- Appellant: Hassan Issa Athumani; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 October 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Statutory Rape, Sexual Offences, Age of Consent
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hassan Issa Athumani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the appellant had carnal knowledge of a girl under eighteen years of age with or without her consent
- 2 Whether the conviction for rape was proper under section 130(2)(e) of the Penal Code
Ratio Decidendi
The appellant's admission to sexual intercourse with a girl under eighteen years of age, regardless of her consent, satisfies the statutory definition of rape under section 130(2)(e) of the Penal Code. The conviction was therefore proper.
Court Disposition
appeal dismissed
Orders
- conviction and sentence upheld
Full Case Text
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