joseph magingo vs republic 2015 tzca 485 27 august 2015
The appellant was properly identified by credible witnesses, the voire dire examination was properly conducted, the age of the victim was not disputed and thus accepted, and the prosecution proved the offence of rape beyond reasonable doubt.
- Citation
- joseph magingo vs republic 2015 tzca 485 27 august 2015
- Parties
- Appellant: Joseph Magingo; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 August 2015
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Identification, Voire Dire Examination, Proof of Age, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Magingo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 whether the appellant was properly identified
- 2 whether voire dire examination was properly conducted
- 3 whether the age of the victim was proved
Ratio Decidendi
The appellant was properly identified by credible witnesses, the voire dire examination was properly conducted, the age of the victim was not disputed and thus accepted, and the prosecution proved the offence of rape beyond reasonable doubt.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of life imprisonment affirmed
- corporal punishment of twelve strokes of the cane affirmed
Full Case Text
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