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
Summary, issues, holding and outcome
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Parties
Stanley Wililo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction for rape was supported by credible evidence
- 2 Whether the appellant's right to cross-examine the medical witness was violated
- 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
Full Case Text
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