20190703 TZHC Mwanza
The prosecution failed to prove the victim's age for statutory rape and failed to establish lack of free will for abduction; convictions cannot stand.
- Citation
- 20190703 TZHC Mwanza
- Parties
- Appellant: Simon S/o Lucas; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 July 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Abduction, Statutory Rape, Proof of Age
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Simon S/o Lucas
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the prosecution proved the age of the victim for statutory rape
- 2 Whether abduction was committed without the victim's free will
Ratio Decidendi
The prosecution failed to prove the victim's age for statutory rape and failed to establish lack of free will for abduction; convictions cannot stand.
Court Disposition
appeal allowed
Orders
- convictions in both counts quashed
- sentences set aside
Full Case Text
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