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Citation
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Judgment date
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| December 2024 |
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Convictions for housebreaking and theft quashed for evidentiary insufficiency and misapplication of the doctrine of recent possession.
Criminal law – housebreaking – variance between charge and evidence – doctrine of recent possession – requirements for application – evidentiary burden – unsworn witness testimony – proper identification of stolen property – burden of proof on prosecution.
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11 December 2024 |
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The appeal succeeded as the prosecution failed to prove housebreaking and stealing, with critical evidentiary and procedural errors identified.
Criminal law – Housebreaking vs. burglary – Variance between charge and evidence – Doctrine of recent possession – Burden of proof – Evidentiary irregularities – Positive identification of stolen property – Standard of proof in criminal cases.
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11 December 2024 |
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Court upheld conviction and sentence for rape, finding no merit in complaints about evidence, credibility, or identification.
Criminal procedure – appeal – credibility of victim in sexual offences – prompt reporting – use and reliability of medical evidence – visual identification – evaluation of appellate court decisions.
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11 December 2024 |
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The court dismissed an appeal against refusal to extend time, finding insufficient evidence and upholding judicial discretion.
Civil Procedure – Extension of time – Delay – Affidavit evidence – Judicial discretion – Hearsay – Alleged illegality – Grounds of appeal.
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11 December 2024 |
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A will is presumed valid unless proven otherwise, and disputes over matrimonial property are for matrimonial, not probate, proceedings.
Succession – Validity of will – Proper attestation – Inclusion of matrimonial property – Testator’s soundness of mind – Jurisdiction of probate court – Dismissal of caveat
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11 December 2024 |
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The appellate court affirmed conviction for a sexual offence based solely on credible child victim testimony, without need for corroboration.
Criminal law – Sexual offences – unnatural offence – evidence – sufficiency of victim’s testimony – child witness – corroboration – section 127(6) of Evidence Act – credibility – failure to call additional witnesses – confession – adverse inference – contradictions in evidence – proof of penetration.
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10 December 2024 |
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Court of Appeal upholds rape conviction, affirming reliability of visual and voice identification and corroborative medical evidence.
Criminal law – Rape – Identification evidence – Visual and voice recognition – Reliability and circumstantial analysis – Corroboration by medical and witness evidence – Evaluation of defence – Fresh grounds of appeal.
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10 December 2024 |
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The appellate court upheld conviction and life sentence for rape relying on circumstantial and medical evidence, despite the victim's absence as a witness.
Criminal law—Rape of a minor—Tender age victim not called as witness—Competency to testify—Proof of penetration—Circumstantial evidence—Establishment of victim’s age—Evaluation of defence—Concurrent findings of fact upheld on appeal.
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10 December 2024 |
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Court reaffirmed statutory rape conviction, finding procedural compliance and sufficient corroborated evidence to uphold the sentence.
Criminal law – statutory rape – corroboration of victim's testimony – procedural requirements – consideration of defence evidence – sufficiency of proof beyond reasonable doubt.
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10 December 2024 |
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Court upheld the conviction for rape, confirming that credible child victim testimony alone may sustain a conviction in sexual offences.
Criminal law – Rape – Child of tender years – Reliance on uncorroborated victim evidence – Section 127(6) Evidence Act – Requirements for corroboration in sexual offences – Procedural fairness – Interpretation – Dock identification – Sketch map not essential for proof of rape.
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10 December 2024 |
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An employee with less than six months' service cannot bring an unfair termination claim before the CMA, regardless of contract type.
Employment law – Unfair termination – Jurisdiction of the CMA – Minimum service requirement under section 35 of the ELRA – Application to all contract types – Labour dispute procedure.
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6 December 2024 |
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A conviction based on an ambiguous plea and lack of clear admission was quashed and the matter remitted for a fresh plea.
Criminal law – Plea of guilty – Requirements for an unequivocal plea – Effect of ambiguous or incomplete plea – Duty to ensure personal admission of facts by accused – Remittal for fresh plea where plea equivocal.
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5 December 2024 |
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A tribunal's excess of jurisdiction constitutes illegality justifying extension of time to appeal out of time.
Civil procedure – Extension of time – Illegality as ground for extension – jurisdiction of District Land and Housing Tribunal – Whether a tribunal can enter judgment exceeding statutory monetary limits – Apparent error on face of record.
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3 December 2024 |
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A murder conviction was overturned due to irregular admission of evidence and failure to prove the case beyond reasonable doubt.
Criminal procedure – murder – requirement that prosecution witnesses and exhibits be disclosed at committal under section 246(2) of the CPA – reliance on inadmissible evidence – standard of proof in criminal cases – improper use of trial-within-trial evidence in main judgment – conviction quashed where prosecution case not proven beyond reasonable doubt.
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3 December 2024 |
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Second appeal dismissed; statutory rape conviction upheld where proof of victim's age and status established, regardless of consent.
Criminal Law—Statutory Rape—Proof of age and penetration—Irrelevance of victim's consent and educational status—Standards for interference by second appellate court—Section 130(1)(2)(e) of Penal Code—Consideration of new grounds on appeal.
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3 December 2024 |
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Conviction quashed where prosecution relied on inadmissible evidence, hearsay, and failed to call material witnesses in a murder case.
Criminal law – Murder – Circumstantial evidence and hearsay – Admissibility of exhibits not listed at committal – Confession admissibility – Jurisdiction and curable venue irregularities – Standard of proof in criminal cases – Failure to call material witnesses.
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2 December 2024 |
| November 2024 |
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A court must judicially exercise discretion in extension of time applications, particularly where delay arises from technical reasons.
Civil Procedure – Extension of time – Discretion of court – Good cause – Inordinate delay – Technical reasons for delay – Land Disputes Courts Act, s 41(2) – Court’s duty to exercise discretion judiciously – Appeal allowed where delay not inordinate and diligence shown.
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29 November 2024 |
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Conviction quashed due to improper charge and failure to establish all elements for an unequivocal plea of guilty.
Criminal law – Plea of guilty – Requirements for unequivocal plea – Proper framing of charge – Sexual exploitation of children – Conviction based on deficient charge and facts – Nullification of proceedings and release.
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8 November 2024 |
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Testimonial evidence alone, absent certain irregularly admitted exhibits, was sufficient to uphold a statutory rape conviction on second appeal.
Criminal law – Rape – Statutory rape – Admissibility of evidence – Whether improperly admitted documentary exhibits (confessions, medical records) invalidate conviction – Sufficiency of testimonial evidence – Second appeal – Consideration of factual concurrent findings.
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7 November 2024 |
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Conviction for rape quashed due to insufficient and unreliable identification evidence by the alleged victim.
Criminal law – proof of identification – conviction based solely on victim's purported recognition – need for caution in identification evidence – effect of inadequate description and lack of supporting witnesses – second appeal – quashing of conviction for failure to positively identify accused.
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7 November 2024 |
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Appellate court nullifies trial and appeal proceedings for lack of jurisdiction and valid judgment, remitting case for proper judgment.
Criminal procedure – Jurisdiction – Validity of judgment – Proper entry of conviction and sentence – Nullification of defective proceedings – Remittal for fresh judgment – Custody pending fresh judgment.
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5 November 2024 |
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Failure to call material witnesses in a rape prosecution rendered it unsafe to convict solely on uncorroborated victim testimony.
Criminal law – rape – proof of offence – reliance on evidence of victim – requirement for corroboration where material witnesses available – adverse inference where prosecution fails to call key witness – standard of proof in criminal cases.
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5 November 2024 |
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The appellant failed to prove a valid contract or entitlement to repayment of TZS 70,000,000.00 against the respondents.
Contract law – standard of proof in civil claims – enforceability of oral contracts – requirement to prove existence and terms of contract – joint loan arrangements – burden of proof in loan repayment disputes.
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5 November 2024 |
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A High Court decision granting extension of time was quashed for being influenced by extraneous matters and remitted for rehearing.
Civil procedure – Extension of time – Application for extension of time – Consideration of extraneous matters – Judicial irregularity vitiating proceedings – Quashing of High Court order and remit for fresh determination.
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1 November 2024 |
| October 2024 |
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Conviction quashed due to material contradictions and doubts in the prosecution evidence, resulting in the respondent's acquittal.
Criminal law – rape – standard of proof – contradictions and inconsistencies in prosecution evidence – failure to establish the accused’s culpability beyond reasonable doubt – duty to consider the defence case – child witness – compliance with section 127(2) of the Evidence Act – medical evidence – procedural irregularities.
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31 October 2024 |
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Where material contradictions and missing key witnesses exist, conviction for rape cannot stand without proof beyond reasonable doubt.
Criminal law – Rape – Standard of proof – Credibility and corroboration of victim’s evidence – Importance of calling material witnesses – Failure to properly consider alibi – Cautious application of inferences from failure to cross-examine by unrepresented accused.
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31 October 2024 |
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Failure to comply with statutory procedure for trials in absentia requires nullification and retrial starting with an inquiry into absence.
Criminal procedure – trial in absentia – section 226(2) of the Criminal Procedure Act – right to be heard – nullification of proceedings – proper procedure following procedural irregularities – retrial ordered.
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30 October 2024 |
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Failure to prove identification beyond reasonable doubt and undue delay in arraignment led to acquittal of the appellant.
Criminal law; burden of proof; identification evidence; failure to call material witnesses; delayed arraignment; reasonable doubt; acquittal.
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28 October 2024 |
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Conviction for murder quashed due to unreliable identification and procedural irregularities rendering key evidence inadmissible.
Criminal law – Murder – Proof beyond reasonable doubt – Identification evidence – Admissibility of cautioned statements – Procedural compliance with committal proceedings – Omission to call material witnesses – Failure to link weapon to offence through expert evidence.
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25 October 2024 |
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Conviction for transporting illegal immigrants quashed due to prosecution's failure to prove case beyond reasonable doubt.
Criminal law – burden of proof – transportation of illegal immigrants – proof beyond reasonable doubt – failure to call material witnesses – adverse inference – prosecution's evidential gaps.
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25 October 2024 |
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Failure to attach a valid court-issued notice of execution renders an application for stay of execution incompetent.
Civil Procedure – Application for stay of execution – Cumulative compliance with rule 11(7)(d) of Court of Appeal Rules – Mandatory attachment of valid notice of intended execution – Competency of application hinging on procedural compliance.
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9 October 2024 |
| August 2024 |
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Application for stay of execution dismissed due to failure to show detailed, substantial loss as required by procedural rules.
Civil procedure – Stay of execution – Application for stay pending appeal – Substantial loss – Requirement for detailed evidence – Affidavits of service – Legal capacity to attest – Preliminary objection – Dismissal for lack of detailed proof of loss.
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30 August 2024 |
| July 2024 |
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A conviction for armed robbery was upheld based on recent possession and a confessional statement, despite flawed visual identification.
Criminal law – Armed robbery – Identification evidence – Sufficiency and reliability of visual identification – Application of doctrine of recent possession – Admissibility and effect of cautioned statement – Standard for chain of custody – Credibility and adequacy of defence evidence.
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18 July 2024 |
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A rape conviction was set aside due to insufficient credible evidence from the alleged victim and a curable jurisdictional error.
Criminal law – sexual offences – statutory rape – evidentiary requirements – credibility of victim – jurisdiction of appellate courts – curable and non-curable procedural irregularities – appellate interference with concurrent findings of fact.
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18 July 2024 |
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A judgment based on unpleaded issues without hearing the parties violates the right to be heard and is a nullity.
Civil Procedure – Right to be heard – Deciding matters on unpleaded issues – Nullification of judgment given in violation of audi alteram partem – Appeal allowed and remittal for rehearing.
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18 July 2024 |
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Defects in endorsement or citation of DPP consent do not vitiate jurisdiction where documents are present and no prejudice is shown.
Criminal procedure – Economic and Organized Crime Control Act – DPP’s consent and certificates – Endorsement and filing requirements – Misjoinder of statutory provisions – Search and seizure – Independent witness in wildlife offences – Chain of custody – Admissibility of evidence.
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18 July 2024 |
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Application for extension of time to seek certificate on point of law dismissed for failure to account for delay and procedural defects.
Civil procedure – extension of time – application for certificate on point of law – requirements for attaching decision and certificate of delay – failure to account for delay – applicability of Law of Limitation Act to Court of Appeal proceedings.
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17 July 2024 |
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Convictions for armed robbery quashed due to unreliable identification and improper admission of confessional statements and exhibits.
Criminal law – Armed robbery – Visual identification – Requirements for reliable identification – Improper admission of cautioned and extra-judicial statements – Inquiry into voluntariness of confessions – Admission of documentary evidence – Doctrine of recent possession – Proof of ownership of recovered items – Appeal allowed, convictions quashed.
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17 July 2024 |
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Conviction for incest quashed due to credibility issues, evidential inconsistencies, and improper consideration of key defence and prosecution evidence.
Criminal law – incest – standard of proof – credibility of complainant's evidence – delay in reporting sexual offences – adverse inference from failure to call key prosecution witness – appellate court's duty to evaluate evidence – jurisdiction for post-conviction custodial orders.
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16 July 2024 |
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A trial judgment affecting property rights is void if the property owner is not joined as a necessary party to the suit.
Civil procedure – Necessary parties – Right to be heard – Joinder of parties before issuing decrees affecting proprietary interests – Nullity for non-joinder of the owner of land – Revisional powers of appellate court.
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15 July 2024 |
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Where critical doubts exist in the prosecution evidence, a conviction for statutory rape cannot be sustained.
Criminal law – statutory rape – standard of proof – preliminary hearing irregularities – fair trial – concurrent consideration of defence – medical and factual inconsistencies – benefit of doubt to accused.
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15 July 2024 |
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Conviction for rape quashed due to material evidentiary inconsistencies and doubts regarding the authenticity of identification and medical evidence.
Criminal law – rape – standard of proof – necessity of scrutinizing victim's testimony – evidentiary inconsistencies – procedural irregularities – defective charge sheet and medical report – credibility assessment by appellate court.
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15 July 2024 |
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A sexual offences conviction based on credible family and medical evidence will be upheld even without non-family corroboration.
Criminal law – sexual offences – statutory rape and unnatural offence – credibility of child and family member witnesses – sufficiency of medical evidence by clinical officer – non-calling of police witnesses – appropriateness of sentence.
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12 July 2024 |
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The court dismissed an extension of time application for failing to account for each day of delay as required by law.
Civil procedure – Extension of time – Requirement to account for each day of delay – Good cause must be shown by affidavit – Procedural compliance in appellate litigation.
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10 July 2024 |
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An application to restore a dismissed case was rejected due to conflicting and unreliable affidavits supporting its cause.
Civil procedure – Application to restore dismissed application – Contradictory affidavits – Burden of proof – Effect of untrue affidavits – Restoration applications under rule 63(3) of the Court of Appeal Rules.
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10 July 2024 |
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The Court of Appeal quashed an armed robbery conviction due to evidentiary gaps and unresolved discrepancies in the prosecution's case.
Criminal law – appeal – armed robbery – requirement to prove chain of custody in forensic evidence – discrepancies in charge sheet – credibility of evidence – benefit of the doubt – second appeal procedural limits.
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10 July 2024 |
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Appellate court nullifies trial for lack of jurisdiction and orders retrial after unauthorized magistrate recorded evidence in capital case.
Criminal procedure – Jurisdiction – Requirement for express transfer orders – Nullity of proceedings conducted by unauthorized magistrate – Quashing of conviction and sentence – Retrial ordered.
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10 July 2024 |
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Failure of an appellate court to address all grounds of appeal is a fatal irregularity warranting a retrial of the appeal.
Criminal procedure – Appeals – Duty of appellate court to consider all grounds of appeal – Right to be heard – Fatal irregularity – Nullification of judgment and remit for rehearing.
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8 July 2024 |
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Conviction for statutory rape quashed due to failure to prove victim's age and unreliable prosecution evidence.
Criminal law – statutory rape – proof of age is a key ingredient – necessity for credible, corroborated evidence in sexual offences – conviction unsustainable if evidence is unreliable or incomplete.
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8 July 2024 |
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Failure to formally endorse DPP's consent and certificate deprived the trial court of jurisdiction, rendering proceedings a nullity.
Criminal procedure – Economic offences – Jurisdiction of subordinate courts – Necessity of formally endorsed DPP consent and certificate – Nullity of proceedings – Appropriateness of retrial where proceedings are a nullity.
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8 July 2024 |