mathias patrick vs republic 2018 tzhc 2250 21 november 2018

The prosecution failed to prove the age of the victims, an essential element for statutory rape, and the evidence was insufficient and contradictory; conviction cannot stand.

Citation: mathias patrick vs republic 2018 tzhc 2250 21 november 2018
Parties: Appellant: Mathias Patrick; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 21 November 2018
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Rape, Unnatural Offence, Grievous Harm, Evidence, Statutory Rape, Credibility of Witnesses
Source Language: English

Criminal Law Rape Unnatural Offence Grievous Harm Evidence Statutory Rape Credibility of Witnesses

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 2

Parties

Mathias Patrick

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the evidence of PW4 was illegally received
2 Whether the case against the appellant was proved beyond reasonable doubt
3 Whether the trial court satisfied itself on the age of the victim

Ratio Decidendi

The prosecution failed to prove the age of the victims, an essential element for statutory rape, and the evidence was insufficient and contradictory; conviction cannot stand.

Court Disposition

appeal allowed

Orders

conviction quashed
sentence set aside