riziki damas vs republic 2013 tzca 451 25 june 2013

riziki damas vs republic 2013 tzca 451 25 june 2013

The charge sheet did not disclose the essential elements of the offence of attempted rape, specifically intent and threatening, rendering it incurably defective and prejudicial to the appellant; thus, the conviction and sentence could not stand.

Citation
riziki damas vs republic 2013 tzca 451 25 june 2013
Parties
Appellant: Riziki Damas; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 June 2013
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Defective Charge Sheet, Attempted Rape, Elements of Offence, Criminal Procedure
Source Language
English
Criminal Law Defective Charge Sheet Attempted Rape Elements of Offence Criminal Procedure

Case Brief

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Parties

Riziki Damas

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the charge sheet was incurably defective for lacking essential ingredients of the offence of attempted rape under section 132(1) and (2)(a) of the Penal Code
  2. 2 Whether the conviction and sentence could stand in light of the defective charge sheet

Ratio Decidendi

The charge sheet did not disclose the essential elements of the offence of attempted rape, specifically intent and threatening, rendering it incurably defective and prejudicial to the appellant; thus, the conviction and sentence could not stand.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside