leonard raymond vs republic 2019 tzca 627 27 february 2019

leonard raymond vs republic 2019 tzca 627 27 february 2019

The appellant's plea of guilty was unequivocal and made with full understanding of the charge; the absence of victim's age in the charge sheet and lack of bruises or spermatozoa in PF3 do not invalidate the conviction; appeal dismissed as barred by section 360(1) of the Criminal Procedure Act.

Citation
leonard raymond vs republic 2019 tzca 627 27 february 2019
Parties
Appellant: Leonard Raymond; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 February 2019
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Plea of Guilty, Unnatural Offence, Sexual Offences, Appeal Procedure
Source Language
English

Case Brief

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Parties

Leonard Raymond

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

  1. 1 Whether the appellant's plea of guilty was unequivocal
  2. 2 Whether the absence of victim's age in the charge sheet invalidates the conviction
  3. 3 Whether the contents of PF3 affect the validity of the plea

Ratio Decidendi

The appellant's plea of guilty was unequivocal and made with full understanding of the charge; the absence of victim's age in the charge sheet and lack of bruises or spermatozoa in PF3 do not invalidate the conviction; appeal dismissed as barred by section 360(1) of the Criminal Procedure Act.

Court Disposition

appeal dismissed