mathayo laurance william mollel vs republic 2023 tzca 52 20 february 2023

mathayo laurance william mollel vs republic 2023 tzca 52 20 february 2023

The prosecution proved the case beyond reasonable doubt; the evidence of the child victims was properly received, the charge and judgment were regular, the cautioned statement was not relied upon, the victims' testimony was sufficient, the appellant's defence was considered and found to be mere denial, identification was not in issue at trial or first appeal, ages were proved by medical evidence, PF3s were properly read out, and the only error was in sentencing for two counts where the victims were not under ten years old.

Citation
mathayo laurance william mollel vs republic 2023 tzca 52 20 february 2023
Parties
Appellant: Mathayo Laurence William Mollel; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 February 2023
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal of Tanzania)
Outcome
appeal dismissed with variation of sentence
Legal Topics
Rape, Sexual Offences, Evidence of Child Witnesses, Sentencing, Proof of Age, Identification, Criminal Procedure
Source Language
English
Criminal Law Rape Sexual Offences Evidence of Child Witnesses Sentencing Proof of Age Identification Criminal Procedure

Case Brief

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Parties

Mathayo Laurence William Mollel

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal of Tanzania)

Legal Issues

  1. 1 Whether the evidence of child victims was properly received under section 127(2) of the Evidence Act
  2. 2 Whether the charge was defective
  3. 3 Whether the judgment was properly signed as required by section 312(1) of the Criminal Procedure Act

Ratio Decidendi

The prosecution proved the case beyond reasonable doubt; the evidence of the child victims was properly received, the charge and judgment were regular, the cautioned statement was not relied upon, the victims' testimony was sufficient, the appellant's defence was considered and found to be mere denial, identification was not in issue at trial or first appeal, ages were proved by medical evidence, PF3s were properly read out, and the only error was in sentencing for two counts where the victims were not under ten years old.

Court Disposition

appeal dismissed with variation of sentence

Orders

  • Conviction upheld on all counts.
  • Sentence of life imprisonment set aside for counts involving PW4 and PW6; substituted with thirty years imprisonment and twelve strokes of the cane for each.