20111005 TZHC Arusha 1
The sentence of life imprisonment was correct in law as the offence involved rape of a girl under 10 years old, and the evidence of the prosecution witnesses was consistent and credible.
- Citation
- 20111005 TZHC Arusha 1
- Parties
- Appellant: Tlatla Saqware; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 5 October 2011
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Sentencing, Credibility of Witnesses, Retrospective Application of Law
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Tlatla Saqware
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the sentence of life imprisonment was lawful given the appellant's age at the time of the offence
- 2 Whether there were contradictions in the prosecution evidence regarding the date of medical examination
- 3 Whether the prosecution witnesses were credible
Ratio Decidendi
The sentence of life imprisonment was correct in law as the offence involved rape of a girl under 10 years old, and the evidence of the prosecution witnesses was consistent and credible.
Court Disposition
appeal dismissed
Orders
- appeal dismissed
Full Case Text
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