paskali kamara garima vs republic 2018 tzhc 2249 14 november 2018

The appellant's plea of guilty was unequivocal and properly recorded; the Law of the Child Act did not apply as the appellant was 20 years old; the conviction and sentence were correct and proper.

Citation: paskali kamara garima vs republic 2018 tzhc 2249 14 november 2018
Parties: Appellant: Paskali s/o Kamara @Garima; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 14 November 2018
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: Appeal dismissed
Legal Topics: Rape, Plea of Guilty, Appeal Against Conviction and Sentence, Child Act Compliance
Source Language: English

Criminal Law Rape Plea of Guilty Appeal Against Conviction and Sentence Child Act Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Paskali s/o Kamara @Garima

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the appellant was tried by a proper court
2 Whether section 119(1) and section 97 of the Child Act were complied with
3 Whether the plea of guilty was unequivocal or made under misapprehension

Ratio Decidendi

The appellant's plea of guilty was unequivocal and properly recorded; the Law of the Child Act did not apply as the appellant was 20 years old; the conviction and sentence were correct and proper.

Court Disposition

Appeal dismissed

Orders

Conviction and sentence of the trial court upheld
Right to appeal explained