20181211 TZCA Arusha
The charge was fatally defective for failing to cite the correct provisions creating and punishing the offence of gang rape, thereby denying the appellants a fair trial. The conviction and sentence could not stand.
- Citation
- 20181211 TZCA Arusha
- Parties
- Appellant: Obadia Daniel; Appellant: Oscar; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 11 December 2018
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal allowed
- Legal Topics
- Defective Charge, Fair Trial, Rape, Gang Rape, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Parties
Obadia Daniel
Appellant
Oscar
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the charge against the appellants was fatally defective for failure to cite the correct provisions creating and punishing the offence of gang rape
- 2 Whether the appellants received a fair trial
Ratio Decidendi
The charge was fatally defective for failing to cite the correct provisions creating and punishing the offence of gang rape, thereby denying the appellants a fair trial. The conviction and sentence could not stand.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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