20160801 TZCA Iringa

20160801 TZCA Iringa

The appellant was wrongly charged and convicted for incest by males under section 158(1)(a) of the Penal Code, as the provision does not include nieces; therefore, the entire proceedings and conviction are a nullity and must be quashed, with a new trial ordered on a proper charge.

Citation
20160801 TZCA Iringa
Parties
Appellant: Lawama s/o Dedu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 August 2016
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered.
Legal Topics
Incest, Rape, Defective Charge, Statutory Interpretation, Appellate Review
Source Language
English
Criminal Law Incest Rape Defective Charge Statutory Interpretation Appellate Review

Case Brief

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Parties

Lawama s/o Dedu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision

Legal Issues

  1. 1 Whether sexual intercourse with a niece constitutes 'Incest by Males' under section 158(1)(a) of the Penal Code, Cap. 16
  2. 2 Whether the appellant was properly charged and convicted under the law

Ratio Decidendi

The appellant was wrongly charged and convicted for incest by males under section 158(1)(a) of the Penal Code, as the provision does not include nieces; therefore, the entire proceedings and conviction are a nullity and must be quashed, with a new trial ordered on a proper charge.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered.

Orders

  • Proceedings and conviction in District Court Criminal Case No. 30 of 2014 quashed and set aside.
  • Proceedings and judgment in High Court DC Criminal Appeal No. 2 of 2015 nullified, quashed and set aside.