tano mbika vs republic 2018 tzca 464 7 march 2018
Conviction for statutory rape cannot stand where the age of the victim is not established and proved in evidence.
- Citation
- tano mbika vs republic 2018 tzca 464 7 march 2018
- Parties
- Appellant: Tano Mbika; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 March 2018
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Statutory Rape, Proof of Age, Evidence Requirements
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Parties
Tano Mbika
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the age of the victim was proved beyond reasonable doubt
- 2 Whether conviction for statutory rape can stand without proof of victim's age
Ratio Decidendi
Conviction for statutory rape cannot stand where the age of the victim is not established and proved in evidence.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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