NA TZCA Arusha

NA TZCA Arusha

The charge for attempted rape was fatally defective as it failed to allege the statutory ingredients required under section 132(2) of the Penal Code as amended by SOSPA, depriving the appellant of reasonable information as to the nature of the offence and a fair opportunity to prepare his defence.

Citation
NA TZCA Arusha
Parties
Appellant: Isidori Patrice; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 October 2007
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Attempted Rape, Defective Charge, Statutory Interpretation, Procedural Compliance
Source Language
English
Criminal Law Attempted Rape Defective Charge Statutory Interpretation Procedural Compliance

Case Brief

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Parties

Isidori Patrice

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the charge for attempted rape was properly framed under section 132 of the Penal Code as amended by SOSPA
  2. 2 Whether non-compliance with sections 192 and 240(3) of the Criminal Procedure Act prejudiced the appellant
  3. 3 Whether failure to summon the investigator violated sections 142 and 143 of the Act

Ratio Decidendi

The charge for attempted rape was fatally defective as it failed to allege the statutory ingredients required under section 132(2) of the Penal Code as amended by SOSPA, depriving the appellant of reasonable information as to the nature of the offence and a fair opportunity to prepare his defence.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside