robert nyengela vs republic 2015 tzca 496 14 august 2015
The evidence from the victim, corroborated by other witnesses, proved penetration and identification; consent was irrelevant due to the victim's age; the appellant's defence was considered and found to be a general denial. The prosecution proved the offence beyond reasonable doubt.
- Citation
- robert nyengela vs republic 2015 tzca 496 14 august 2015
- Parties
- Appellant: Robert Nyengela; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 14 August 2015
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Proof Beyond Reasonable Doubt, Consideration of Defence, Consent in Rape Cases, Identification Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Robert Nyengela
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
- 2 Whether the appellant's defence was considered
Ratio Decidendi
The evidence from the victim, corroborated by other witnesses, proved penetration and identification; consent was irrelevant due to the victim's age; the appellant's defence was considered and found to be a general denial. The prosecution proved the offence beyond reasonable doubt.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
- compensation order affirmed
Full Case Text
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