20180829 TZCA Bukoba

20180829 TZCA Bukoba

The prosecution failed to prove the age of the victim beyond reasonable doubt, which was central to establishing the offence of rape under section 130(2)(e) of the Penal Code; therefore, the conviction cannot stand.

Citation
20180829 TZCA Bukoba
Parties
Appellant: Rwekaza Bernado; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 August 2018
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Rape, Standard of Proof, Evidence of Age
Source Language
English
Criminal Law Rape Standard of Proof Evidence of Age

Case Brief

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Parties

Rwekaza Bernado

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the prosecution proved the age of the victim beyond reasonable doubt
  2. 2 Whether the prosecution proved the offence of rape beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove the age of the victim beyond reasonable doubt, which was central to establishing the offence of rape under section 130(2)(e) of the Penal Code; therefore, the conviction cannot stand.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence of thirty years imprisonment set aside