seleman rajabu vs republic 2014 tzca 277 16 september 2014

seleman rajabu vs republic 2014 tzca 277 16 september 2014

The appellant's unequivocal plea of guilty and admission of facts justified conviction; variance in dates was not material and curable by law; sentence of life imprisonment was mandatory for rape of a girl under ten years.

Citation
seleman rajabu vs republic 2014 tzca 277 16 september 2014
Parties
Appellant: Seleman Rajabu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 September 2014
Procedural Posture
Criminal Appeal / Second Appeal From High Court Decision Affirming District Court Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Rape, Plea of Guilty, Sentencing, Variance in Charge and Evidence, Appeal Rights
Source Language
English
Criminal Law Rape Plea of Guilty Sentencing Variance in Charge and Evidence Appeal Rights

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Parties

Seleman Rajabu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court Decision Affirming District Court Conviction and Sentence

Legal Issues

  1. 1 Whether the plea of guilty was unequivocal and justified conviction
  2. 2 Whether variance in dates between charge sheet and facts was material
  3. 3 Whether sentence of life imprisonment was lawful and mandatory

Ratio Decidendi

The appellant's unequivocal plea of guilty and admission of facts justified conviction; variance in dates was not material and curable by law; sentence of life imprisonment was mandatory for rape of a girl under ten years.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence of life imprisonment affirmed