mashaka mussa vs republic 2017 tzca 186 8 november 2017
The evidence of the victim, corroborated by medical and other prosecution witnesses, proved the offence of rape beyond reasonable doubt. The voire dire was properly conducted, the age of the victim was established, and the defence did not raise reasonable doubt. The appeal lacked merit and was dismissed.
- Citation
- mashaka mussa vs republic 2017 tzca 186 8 november 2017
- Parties
- Appellant: Mashaka Mussa; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 8 November 2017
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence of Child Witnesses, Standard of Proof, Admissibility of Medical Evidence, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mashaka Mussa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the conviction for rape was proved beyond reasonable doubt
- 2 Whether the evidence of a child of tender age was properly admitted
- 3 Whether medical and corroborative evidence was sufficient
Ratio Decidendi
The evidence of the victim, corroborated by medical and other prosecution witnesses, proved the offence of rape beyond reasonable doubt. The voire dire was properly conducted, the age of the victim was established, and the defence did not raise reasonable doubt. The appeal lacked merit and was dismissed.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence of life imprisonment restored as imposed by the trial court.
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