paulo hango majengo vs republic 2017 tzhc 2241 4 august 2017
The charge sheet was incurably defective for failing to specify the precise paragraph under section 130(2) of the Penal Code and for omitting section 130(3), and the prosecution failed to prove the victim's age as required for statutory rape. The conviction and sentence cannot stand.
- Citation
- paulo hango majengo vs republic 2017 tzhc 2241 4 august 2017
- Parties
- Appellant: Paulo Hango @ Majengo; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 4 August 2017
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Defective Charge Sheet, Plea of Guilty, Statutory Rape, Proof of Age
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Paulo Hango @ Majengo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the appellant's plea was unequivocal
- 2 Whether the charge sheet was incurably defective for failing to specify the precise subsection and paragraph of the law
- 3 Whether the prosecution proved the victim's age as required for statutory rape
Ratio Decidendi
The charge sheet was incurably defective for failing to specify the precise paragraph under section 130(2) of the Penal Code and for omitting section 130(3), and the prosecution failed to prove the victim's age as required for statutory rape. The conviction and sentence cannot stand.
Court Disposition
appeal allowed
Orders
- All proceedings, conviction, and sentence in the trial court quashed and set aside.
- Matter remitted to the trial District Court for a trial de novo.
Full Case Text
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