yuda john vs republic 2021 tzca 7 12 february 2021
The evidence of the victim (PW1), corroborated by PW2, was credible and sufficient to prove the offence beyond reasonable doubt; procedural irregularities did not prejudice the appellant and are curable under the law.
- Citation
- yuda john vs republic 2021 tzca 7 12 february 2021
- Parties
- Appellant: Yuda John; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 12 February 2021
- Procedural Posture
- Criminal Appeal / Second Appeal, Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Incest, Rape, Sexual Offences, Evidence, Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Parties
Yuda John
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal, Judgment
Legal Issues
- 1 Whether the conviction for incest by male was based on credible and corroborated evidence
- 2 Whether procedural irregularities in recording and closure of defense prejudiced the appellant
- 3 Whether the prosecution proved its case beyond reasonable doubt
Ratio Decidendi
The evidence of the victim (PW1), corroborated by PW2, was credible and sufficient to prove the offence beyond reasonable doubt; procedural irregularities did not prejudice the appellant and are curable under the law.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
- appellant to remain imprisoned
Full Case Text
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