mathias robert vs republic 2018 tzca 530 27 april 2018
The conviction was properly based on the credible and corroborated testimony of the victim and her brother, and the appellant's defence did not raise reasonable doubt. Grounds not raised in the first appellate court cannot be entertained on second appeal.
- Citation
- mathias robert vs republic 2018 tzca 530 27 april 2018
- Parties
- Appellant: Mathias Robert; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 April 2018
- Procedural Posture
- Criminal Appeal / Second Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Incest, Rape, Standard of Proof, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mathias Robert
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the conviction for incest by male was supported by credible evidence
- 2 Whether the prosecution proved its case beyond reasonable doubt
- 3 Whether grounds not raised in the first appellate court can be entertained on second appeal
Ratio Decidendi
The conviction was properly based on the credible and corroborated testimony of the victim and her brother, and the appellant's defence did not raise reasonable doubt. Grounds not raised in the first appellate court cannot be entertained on second appeal.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence upheld
Full Case Text
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