joseph paulo vs the director of public prosecution 2011 tzca 119 9 november 2011
The appellant's conduct constituted both threat and actual violence, satisfying the elements of attempted rape under section 132(2)(a) of the Penal Code; the evidence of PW1 was corroborated by PW2; the High Court did not rely on the cautioned statement, so no procedural error occurred.
Source-derived case information.
- Citation
- joseph paulo vs the director of public prosecution 2011 tzca 119 9 november 2011
- Parties
- Appellant: Joseph Paulo; Respondent: The Director of Public Prosecutions
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 November 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Attempted Rape, Evidence, Confessional Statement, Elements of Offence
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Paulo
Appellant
The Director of Public Prosecutions
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the cautioned statement was improperly admitted under section 50(1)(a) of the Criminal Procedure Act
- 2 Whether the evidence of PW1 was sufficiently corroborated
- 3 Whether all elements of attempted rape, including 'threat', were proved
Ratio Decidendi
The appellant's conduct constituted both threat and actual violence, satisfying the elements of attempted rape under section 132(2)(a) of the Penal Code; the evidence of PW1 was corroborated by PW2; the High Court did not rely on the cautioned statement, so no procedural error occurred.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
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