19710709 TZHC Arusha

19710709 TZHC Arusha

The appellant's actions did not go beyond preparation and did not amount to attempted rape as he had not undressed or attempted penetration. The conviction for attempted rape was quashed and substituted with a conviction for indecent assault.

Source-derived case information.

Citation
19710709 TZHC Arusha
Parties
Appellant: Jaidi s/o Ommi; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
9 July 1971
Procedural Posture
Criminal Appeal / Appellate Judgment
Outcome
Conviction for attempted rape quashed; conviction for indecent assault substituted; sentence reduced to time served; appellant to be released immediately.
Legal Topics
Attempted Rape, Indecent Assault, Appeal, Sentencing
Source Language
english
Criminal Law Attempted Rape Indecent Assault Appeal Sentencing

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jaidi s/o Ommi

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether the appellant's actions constituted attempted rape under section 132 of the Penal Code
  2. 2 Whether the conviction should be substituted for a lesser offence

Ratio Decidendi

The appellant's actions did not go beyond preparation and did not amount to attempted rape as he had not undressed or attempted penetration. The conviction for attempted rape was quashed and substituted with a conviction for indecent assault.

Court Disposition

Conviction for attempted rape quashed; conviction for indecent assault substituted; sentence reduced to time served; appellant to be released immediately.

Orders

  • Conviction for attempted rape quashed
  • Conviction for indecent assault substituted