selemani omary vs republic 2008 tzhc 184 9 june 2008
The conviction was quashed because the prosecution failed to prove the age of the victim, an essential element of statutory rape, beyond reasonable doubt.
- Citation
- selemani omary vs republic 2008 tzhc 184 9 june 2008
- Parties
- Appellant: Selemani Omary; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 June 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Statutory Rape, Proof of Age, Burden of Proof, Criminal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Selemani Omary
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether sexual intercourse occurred between the appellant and Pw2
- 2 Whether Pw2 was below 18 years of age
Ratio Decidendi
The conviction was quashed because the prosecution failed to prove the age of the victim, an essential element of statutory rape, beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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