20151001 TZCA Tabora
The credible testimony of the victim's mother that the victim was 15 years old was sufficient to establish age, and since the appellant admitted sexual intercourse, the offence of rape was proved regardless of consent.
- Citation
- 20151001 TZCA Tabora
- Parties
- Appellant: Nickson Shaban; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 1 October 2015
- Procedural Posture
- Criminal Appeal / Second Appeal Before the Court of Appeal From High Court Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Proof of Age, Consent in Sexual Offences
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Nickson Shaban
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal Before the Court of Appeal From High Court Decision
Legal Issues
- 1 Whether the age of the victim was sufficiently proved to sustain a conviction for rape under section 130(1)(2)(e) of the Penal Code
- 2 Whether consent is relevant in the offence of rape involving a girl under eighteen years of age
Ratio Decidendi
The credible testimony of the victim's mother that the victim was 15 years old was sufficient to establish age, and since the appellant admitted sexual intercourse, the offence of rape was proved regardless of consent.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed in its entirety
Full Case Text
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