20111102 TZHC Mbeya
The cautioned statement did not amount to a confession of rape but was properly admitted; the complainant's evidence, though uncorroborated, was credible and sufficient to sustain conviction under section 127(7) of the Evidence Act.
- Citation
- 20111102 TZHC Mbeya
- Parties
- Appellant: Josephat Shongo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 2 November 2011
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Confession, Corroboration, Sexual Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Josephat Shongo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the cautioned statement was properly admitted and constituted a confession
- 2 Whether conviction could be sustained on uncorroborated evidence of the complainant
Ratio Decidendi
The cautioned statement did not amount to a confession of rape but was properly admitted; the complainant's evidence, though uncorroborated, was credible and sufficient to sustain conviction under section 127(7) of the Evidence Act.
Court Disposition
appeal dismissed
Orders
- conviction and sentence of 30 years' imprisonment upheld
- order for 12 strokes of the cane upheld
Full Case Text
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