20100503 TZCA Mwanza
The appellant's plea of guilty was unequivocal and the facts established the offence of rape of a girl under ten years; the sentence of life imprisonment is mandatory under Section 131(3) of the Penal Code.
- Citation
- 20100503 TZCA Mwanza
- Parties
- Appellant: Niko Getera; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 3 May 2010
- Procedural Posture
- Criminal Appeal / Appeal From High Court Revision Order
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Sentencing, Plea of Guilty, Intoxication as Defence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Niko Getera
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Revision Order
Legal Issues
- 1 Whether the appellant's plea of guilty was unequivocal
- 2 Whether the sentence of life imprisonment was lawful under the Penal Code
- 3 Whether intoxication constituted a defence
Ratio Decidendi
The appellant's plea of guilty was unequivocal and the facts established the offence of rape of a girl under ten years; the sentence of life imprisonment is mandatory under Section 131(3) of the Penal Code.
Court Disposition
Appeal dismissed
Orders
- Sentence of life imprisonment upheld
- No order as to compensation or corporal punishment altered
Full Case Text
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