20170804 TZHC Dodoma1

20170804 TZHC Dodoma1

The charge sheet was incurably defective for failing to specify the precise paragraph under section 130(2) and omitting section 130(3), and the prosecution failed to prove the victim's age, rendering the conviction unsustainable.

Citation
20170804 TZHC Dodoma1
Parties
Appellant: Paulo Hango@ Majengo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
4 August 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Charge Sheet Defects, Plea of Guilty, Statutory Rape, Proof of Victim's Age
Source Language
English
Criminal Law Rape Charge Sheet Defects Plea of Guilty Statutory Rape Proof of Victim's Age

Case Brief

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Parties

Paulo Hango@ Majengo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's plea was equivocal
  2. 2 Whether the charge sheet was incurably defective
  3. 3 Whether the prosecution proved the victim's age

Ratio Decidendi

The charge sheet was incurably defective for failing to specify the precise paragraph under section 130(2) and omitting section 130(3), and the prosecution failed to prove the victim's age, rendering the conviction unsustainable.

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 trial de novo.