riziki damas vs republic 2013 tzca 387 25 june 2013
The charge sheet was incurably defective as it failed to include the essential ingredients of the offence of attempted rape, namely intent and threatening, thus prejudicing the appellant and rendering the conviction unsafe.
- Citation
- riziki damas vs republic 2013 tzca 387 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; conviction quashed; sentence set aside; appellant to be released unless lawfully detained for another matter
- Legal Topics
- Defective Charge Sheet, Attempted Rape, Elements of Offence, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Riziki Damas
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 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 Whether the conviction and sentence could stand in light of the defective charge sheet
Ratio Decidendi
The charge sheet was incurably defective as it failed to include the essential ingredients of the offence of attempted rape, namely intent and threatening, thus prejudicing the appellant and rendering the conviction unsafe.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully detained for another matter
Orders
- Appeal allowed
- Conviction quashed
Full Case Text
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