leonard jonathan vs republic 2001 tzhc 41 21 september 2001
The appellant's actions constituted rape as the complainant did not consent; the defence of customary marriage is fallacious and invalid in law as marriage requires voluntary consent, which was absent.
- Citation
- leonard jonathan vs republic 2001 tzhc 41 21 september 2001
- Parties
- Appellant: Leonard Jonathan; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 21 September 2001
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Customary Marriage, Consent, Violence Against Women
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Leonard Jonathan
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the appellant raped the complainant or married her under Chagga customary law
- 2 Whether the defence of customary marriage negates the offence of rape
Ratio Decidendi
The appellant's actions constituted rape as the complainant did not consent; the defence of customary marriage is fallacious and invalid in law as marriage requires voluntary consent, which was absent.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
- appellant to serve 30 years imprisonment plus ten strokes of the cane
Full Case Text
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