jovitus johansen vs republic 2016 tzca 665 23 february 2016
The appellant, being 18 years old at the time of the offence, was illegally sentenced to imprisonment; the proper sentence under section 131(2)(a) of the Penal Code was corporal punishment only, and given time served, immediate release was ordered.
- Citation
- jovitus johansen vs republic 2016 tzca 665 23 february 2016
- Parties
- Appellant: Jovitus Johansen; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 February 2016
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- Appeal against conviction dismissed; appeal against sentence allowed.
- Legal Topics
- Rape, Sentencing, Corporal Punishment, Age Determination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Jovitus Johansen
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction for rape was properly sustained
- 2 Whether the sentence of life imprisonment was lawful given the appellant's age
Ratio Decidendi
The appellant, being 18 years old at the time of the offence, was illegally sentenced to imprisonment; the proper sentence under section 131(2)(a) of the Penal Code was corporal punishment only, and given time served, immediate release was ordered.
Court Disposition
Appeal against conviction dismissed; appeal against sentence allowed.
Orders
- Sentence of imprisonment quashed and set aside
- Immediate release of appellant from prison unless held for other lawful cause
Full Case Text
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