20170523 TZCA Dodoma
The charge sheet was fatally defective for failing to cite the correct provision of the Penal Code applicable to statutory rape, prejudicing the appellant's defence; the sentence of imprisonment was also illegal for a first offender aged 18 years at the time of the offence.
- Citation
- 20170523 TZCA Dodoma
- Parties
- Appellant: Moses Sanjito; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 May 2017
- Procedural Posture
- Criminal Appeal / Second Appeal From Conviction and Sentence in the High Court, Originating From District Court
- Outcome
- Appeal allowed
- Legal Topics
- Rape, Defective Charge Sheet, Sentencing of Juveniles
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Moses Sanjito
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From Conviction and Sentence in the High Court, Originating From District Court
Legal Issues
- 1 Whether the charge sheet was defective for citing the wrong provision of the Penal Code
- 2 Whether the sentence of 30 years imprisonment was lawful for an accused aged 18 years at the time of the offence
Ratio Decidendi
The charge sheet was fatally defective for failing to cite the correct provision of the Penal Code applicable to statutory rape, prejudicing the appellant's defence; the sentence of imprisonment was also illegal for a first offender aged 18 years at the time of the offence.
Court Disposition
Appeal allowed
Orders
- Conviction quashed
- Sentence set aside
Full Case Text
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