isidori patrice vs republic 2007 tzca 2 30 october 2007

isidori patrice vs republic 2007 tzca 2 30 october 2007

The charge for attempted rape was fatally defective as it failed to disclose the essential ingredients required by section 132(1) and (2) of the Penal Code; such a defect cannot be cured and the conviction must be quashed.

Citation
isidori patrice vs republic 2007 tzca 2 30 october 2007
Parties
Appellant: Isidori Patrice; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 October 2007
Procedural Posture
Criminal Appeal / Final Appellate Judgment
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 / Final Appellate Judgment

Legal Issues

  1. 1 Whether the charge for attempted rape disclosed essential ingredients as required by section 132(1) and (2) of the Penal Code
  2. 2 Whether procedural non-compliance with sections 192, 240(3), 142, and 143 of the Criminal Procedure Act prejudiced the appellant
  3. 3 Whether the conviction for attempted rape was sustainable given the statutory requirements

Ratio Decidendi

The charge for attempted rape was fatally defective as it failed to disclose the essential ingredients required by section 132(1) and (2) of the Penal Code; such a defect cannot be cured and the conviction must be quashed.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside