20080609 TZHC Mtwara
The conviction was quashed because the prosecution failed to prove the age of the victim, a mandatory element in statutory rape cases, beyond reasonable doubt.
- Citation
- 20080609 TZHC Mtwara
- 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, Burden of Proof, Proof of Age, 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 Pw 2
- 2 Whether Pw 2 was below 18 years of age
Ratio Decidendi
The conviction was quashed because the prosecution failed to prove the age of the victim, a mandatory element in statutory rape cases, beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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