PRISCUS PETER SHAYO V R Tanzilii

PRISCUS PETER SHAYO V R Tanzilii

The conviction was quashed because the variance between the charge sheet and prosecution evidence regarding the dates of the offence was material and unamended, rendering the charge unproven beyond reasonable doubt.

Citation
PRISCUS PETER SHAYO V R Tanzilii
Parties
Appellant: Priscus Peter Shayo; Respondent: Republic
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Rape, Unnatural Offence, Variance Between Charge and Evidence, Proof of Age, Standard of Proof, Calling of Witnesses
Source Language
English
Criminal Law Rape Unnatural Offence Variance Between Charge and Evidence Proof of Age Standard of Proof Calling of Witnesses

Case Brief

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Parties

Priscus Peter Shayo

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether variance between the charge sheet and prosecution evidence was fatal to the conviction
  2. 2 Whether penetration was proved beyond reasonable doubt
  3. 3 Whether the age of the victim was proved

Ratio Decidendi

The conviction was quashed because the variance between the charge sheet and prosecution evidence regarding the dates of the offence was material and unamended, rendering the charge unproven beyond reasonable doubt.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentences set aside