STEVEN LEONARD
The High Court allowed a criminal appeal against a rape conviction, quashed the 30-year sentence, and ordered the appellant’s release.
- Rape
- Statutory rape
- Burden of proof
- Proof of age
- Customary marriage
- Consent
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MORA DOTO
The High Court allowed a rape appeal, quashed the conviction and 30-year sentence, and ordered release after finding the victim’s age was not strictly proved.
- Rape
- Statutory rape
- Burden of proof
- Standard of proof
- Proof of age
- Evidence law
ALEX SAWAKA JUDGMENT edited
Appellant's age was not properly determined; trial court failed to conduct inquiry as required by law. Evidence of PW5 and PW6 expunged for lack of oath. Remaining evidence sufficient to sustain conviction, but sentencing contravened child law. Appellant was a first offender under 18; custodial sentence unlawful. Conviction stands, sentence set aside, appellant ordered released.
Source excerpt
- Rape
- Unnatural offense
- Impregnating a school girl
- Proof of age
- Oath and affirmation
- Juvenile sentencing
DAVID LABIA HANGO Vs
The prosecution proved beyond reasonable doubt that the appellant raped a child of tender age, with all statutory elements established through victim and corroborative evidence; procedural requirements for child witness and proof of age were satisfied.
Source excerpt
- Rape
- Evidence of child witnesses
- Proof of age
- Identification
- Medical evidence
JOEL THOMAS
The prosecution failed to prove the victim's age to the required standard, which is an essential ingredient in statutory rape; therefore, the conviction cannot stand.
Source excerpt
- Statutory rape
- Proof of age
- Admissibility of evidence
ELIUD NGALYA DRAFT JUDGMENT
The sentence of 30 years imprisonment imposed on the appellant, who was 18 years old and a first offender, was illegal under section 131(2)(a) of the Penal Code, which mandates corporal punishment only. The prosecution proved the offence of rape beyond reasonable doubt through credible and corroborated evidence, but the sentence must be set aside and substituted with corporal punishment.
Source excerpt
- Rape
- Sentencing
- Standard of proof
- Corporal punishment
- Proof of age
Amani Josph v
The High Court allowed a rape appeal, quashed the conviction, and set aside a 30-year sentence after finding the victim’s age was not proved and identification was unreliable.
- Statutory rape
- Proof of age
- Identification evidence
- Burden of proof
- Statutory-rape
- Proof-of-age
rweyemamu zakaria
The prosecution proved beyond reasonable doubt that the appellant committed statutory rape and impregnated a schoolgirl, based on the victim's and supporting witnesses' evidence, proof of age, and corroborative documents. DNA evidence was not required, and the cautioned statement's admissibility did not affect the outcome. The appellant's defence did not raise reasonable doubt.
Source excerpt
- Rape
- Impregnating a schoolgirl
- Statutory rape
- Defective charge
- Admissibility of evidence
- Proof of age
mugisha innocent v republic 2024 tzhc 323 16 february 2024
The High Court allowed a rape appeal after finding the victim’s age was not proved to the required standard, so statutory rape was not established.
- Rape
- Statutory rape
- Proof of age
- Burden of proof
- Statutory-rape
- Proof-of-age
kennedy mahuve mjaliwa vs republic 2024 tzca 19 6 february 2024
The prosecution failed to prove the offence of rape beyond reasonable doubt due to inconsistencies in the evidence, lack of credible proof of the victim's age at the material time, and unexplained delay in reporting, which undermined the credibility of the victim's testimony. The conviction was therefore unsafe and could not be sustained.
Source excerpt
- Rape
- Statutory rape
- Proof of age
- Credibility of witnesses
- Defective charge
- Delayed reporting
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