marco amsi mikidad others vs republic 2011 tzca 210 6 october 2011

marco amsi mikidad others vs republic 2011 tzca 210 6 october 2011

The appellants were properly identified by the complainant, whom they knew well, and her evidence was credible and sufficient to sustain a conviction for gang rape. The failure to comply with Section 240(3) of the Criminal Procedure Act rendered the medical report inadmissible, but did not affect the sufficiency of the remaining evidence. The proper conviction should be for gang rape under Section 131A of the Penal Code, carrying a mandatory sentence of life imprisonment, not 30 years as previously imposed.

Citation
marco amsi mikidad others vs republic 2011 tzca 210 6 october 2011
Parties
Appellant: Marco Amsi @ Mikidad; Appellant: Ramadhani Swedi; Appellant: Salanda Bunge; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 October 2011
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed with variation
Legal Topics
Rape, Unnatural Offence, Gang Rape, Identification Evidence, Appellate Review, Sentencing
Source Language
English
Criminal Law Rape Unnatural Offence Gang Rape Identification Evidence Appellate Review Sentencing

Case Brief

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Parties

Marco Amsi @ Mikidad

Appellant

Ramadhani Swedi

Appellant

Salanda Bunge

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the appellants were properly identified as perpetrators of rape and unnatural offence
  2. 2 Whether non-compliance with Section 240(3) of the Criminal Procedure Act invalidated the conviction
  3. 3 Whether the conviction could be sustained on the evidence of a single witness

Ratio Decidendi

The appellants were properly identified by the complainant, whom they knew well, and her evidence was credible and sufficient to sustain a conviction for gang rape. The failure to comply with Section 240(3) of the Criminal Procedure Act rendered the medical report inadmissible, but did not affect the sufficiency of the remaining evidence. The proper conviction should be for gang rape under Section 131A of the Penal Code, carrying a mandatory sentence of life imprisonment, not 30 years as previously imposed.

Court Disposition

appeal dismissed with variation

Orders

  • Conviction for rape quashed and substituted with conviction for gang rape under Section 131A of the Penal Code
  • Sentence of 30 years imprisonment quashed and substituted with life imprisonment