19891127 TZCA Dar es Salaam

The court held that the procedural irregularities regarding the medical report and the manner of cross-examination did not occasion a failure of justice, as there was ample evidence from witnesses to support the convictions. The convictions and sentences, including corporal punishment, were upheld.

Citation: 19891127 TZCA Dar es Salaam
Parties: Appellant: S.JLL;i., iL..'l'.::r.B..lu.~.; Respondent: Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 27 November 1989
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Unnatural Offence, Robbery With Violence, Admissibility of Medical Evidence, Alibi Defence, Cross Examination Procedure
Source Language: English

Criminal Law Unnatural Offence Robbery With Violence Admissibility of Medical Evidence Alibi Defence Cross Examination Procedure

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Parties

S.JLL;i., iL..'l'.::r.B..lu.~.

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether failure to call the doctor who examined the complainant or inform the appellant of his right to call the doctor occasioned a miscarriage of justice
2 Whether the manner of cross-examination and re-examination of witnesses, done haphazardly, occasioned a failure of justice
3 Whether the convictions and sentences for unnatural offence and robbery with violence were sound

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

convictions and sentences for unnatural offence and robbery with violence upheld
corporal punishment sentence upheld