20190927 TZCA Tanga

20190927 TZCA Tanga

The omission to cite relevant subsections in the charge sheet did not prejudice the appellant as particulars were clear and the accused understood the nature of the charge; witness credibility and age of victim were sufficiently established; failure to state exact date did not vitiate conviction; sentence imposed was illegal and must be enhanced to life imprisonment as mandated by law.

Citation
20190927 TZCA Tanga
Parties
Appellant: Suleiman Abdallah; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 September 2019
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed, sentence enhanced
Legal Topics
Unnatural Offence, Defective Charge Sheet, Credibility of Witnesses, Sentencing, Child Victim
Source Language
English
Criminal Law Unnatural Offence Defective Charge Sheet Credibility of Witnesses Sentencing Child Victim

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Parties

Suleiman Abdallah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the defective charge sheet prejudiced the appellant
  2. 2 Whether failure to state the exact date of offence vitiated the conviction
  3. 3 Whether the credibility and age of the victim was properly established

Ratio Decidendi

The omission to cite relevant subsections in the charge sheet did not prejudice the appellant as particulars were clear and the accused understood the nature of the charge; witness credibility and age of victim were sufficiently established; failure to state exact date did not vitiate conviction; sentence imposed was illegal and must be enhanced to life imprisonment as mandated by law.

Court Disposition

appeal dismissed, sentence enhanced

Orders

  • Sentence of thirty years imprisonment set aside
  • Appellant sentenced to life imprisonment under section 154(2) Penal Code