NA TZCA Iringa

NA TZCA Iringa

The conviction was unsafe due to violation of section 240(3) of the Criminal Procedure Act, defects in the medical report, and the prosecution's own evidence supporting consensual intercourse; the compensation order was made without hearing the appellant.

Citation
NA TZCA Iringa
Parties
Appellant: Stanley Wililo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 December 2008
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Rape, Evidence, Procedure, Compensation
Source Language
English

Case Brief

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Parties

Stanley Wililo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

  1. 1 Whether the conviction for rape was supported by credible evidence
  2. 2 Whether the appellant's right to cross-examine the medical witness was violated
  3. 3 Whether the compensation order was lawfully made

Ratio Decidendi

The conviction was unsafe due to violation of section 240(3) of the Criminal Procedure Act, defects in the medical report, and the prosecution's own evidence supporting consensual intercourse; the compensation order was made without hearing the appellant.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside