CR

CR

There was no material variance between the charge and the evidence regarding location, as Kikuletwa is within Mbuguni. Failure to read out admitted exhibits was fatal and they were expunged, but sufficient oral evidence remained to prove the offence beyond reasonable doubt. The appellant's defence, including...

Source-derived case information.

Citation
CR
Parties
Appellant: Leonard Mkumbo; Respondent: The Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Rape, Defective Charge, Variance Between Charge and Evidence, Admissibility of Documentary Evidence, Burden of Proof, Sexual Potency Defence
Source Language
english
Criminal Law Rape Defective Charge Variance Between Charge and Evidence Admissibility of Documentary Evidence Burden of Proof Sexual Potency Defence

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Summary, issues, holding and outcome

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Parties

Leonard Mkumbo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the charge was defective due to variance in location between particulars and evidence
  2. 2 Whether failure to read out admitted exhibits rendered conviction unsafe
  3. 3 Whether the appellant's defence, including impotence, was properly considered

Ratio Decidendi

There was no material variance between the charge and the evidence regarding location, as Kikuletwa is within Mbuguni. Failure to read out admitted exhibits was fatal and they were expunged, but sufficient oral evidence remained to prove the offence beyond reasonable doubt. The appellant's defence, including impotence, was not substantiated and was an afterthought. The prosecution proved all elements of the offence beyond reasonable doubt.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed in its entirety.