20170918 TZHC Dar es Salaam 1

20170918 TZHC Dar es Salaam 1

There was no proof of the offence beyond reasonable doubt as the victim's testimony indicated consent and circumstantial evidence relied upon by the trial court was unsupported.

Citation
20170918 TZHC Dar es Salaam 1
Parties
Appellant: Yusuph Ayubu Sande; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 September 2017
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Consent, Evidence, Appeal
Source Language
English
Criminal Law Rape Consent Evidence Appeal

Case Brief

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Parties

Yusuph Ayubu Sande

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 whether the prosecution proved rape beyond reasonable doubt
  2. 2 whether there was lack of consent by the victim

Ratio Decidendi

There was no proof of the offence beyond reasonable doubt as the victim's testimony indicated consent and circumstantial evidence relied upon by the trial court was unsupported.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside