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Case Law[2019] TZCA 387Tanzania

Dickson Anyosisye vs Republic (Criminal Appeal No. 155 of 2017) [2019] TZCA 387 (5 November 2019)

Court of Appeal of Tanzania

Judgment

Dickson Anyosisye vs Republic (Criminal Appeal No. 155 of 2017) [2019] TZCA 387 (5 November 2019)

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Dickson Anyosisye vs Republic (Criminal Appeal No. 155 of 2017) [2019] TZCA 387 (5 November 2019)

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Citation Dickson Anyosisye vs Republic (Criminal Appeal No. 155 of 2017) [2019] TZCA 387 (5 November 2019) Copy Media Neutral Citation [2019] TZCA 387 Copy Hearing date 29 October 2019 Court Court of Appeal of Tanzania Court registry Court of Appeal Mbeya Registry Case number Criminal Appeal No. 155 of 2017 Judges Mwambegele, J.A., Mziray, J.A., Mkuye, J.A. Judgment date 5 November 2019 Language English

Summary

Second appeal dismissed: new grounds expunged; minor witness discrepancies and relatives’ testimony did not defeat corroborated medical evidence.

Flynote
  • Criminal law — Appeal procedure — Court of Appeal will not entertain grounds not raised and decided on first appeal
  • Evidence
    • — Medical evidence (PF3) — Corroborative medical findings can support conviction for sexual offences
    • — Near relatives
      • — credibility and weight are determinative
      • — Relationship to victim does not bar testimony
    • — Witness contradictions — Minor inconsistencies do not necessarily go to the root of the prosecution case

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