shabani said likubu vs republic 2021 tzca 251 11 june 2021

shabani said likubu vs republic 2021 tzca 251 11 june 2021

Despite procedural irregularities in recording the child victim's evidence and expunging exhibits, the appellant's oral confessions to multiple witnesses and corroborating medical evidence were sufficient to prove rape beyond reasonable doubt.

Citation
shabani said likubu vs republic 2021 tzca 251 11 june 2021
Parties
Appellant: Shabani Said Likubu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
11 June 2021
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Procedure, Child Witness, Confession
Source Language
English
Criminal Law Rape Evidence Procedure Child Witness Confession

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Shabani Said Likubu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the trial court complied with section 127 (2) & (4) of the Evidence Act in recording evidence of a child witness
  2. 2 Whether the trial court complied with the Oaths and Statutory Declaration Act in receiving evidence
  3. 3 Whether exhibits PI and P3 were properly admitted and read

Ratio Decidendi

Despite procedural irregularities in recording the child victim's evidence and expunging exhibits, the appellant's oral confessions to multiple witnesses and corroborating medical evidence were sufficient to prove rape beyond reasonable doubt.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed
  • no retrial ordered