Juma Samwel versus The Republic; Criminal Appeal No 350 of 2013; Court of Appeal of Tanzania at Mwanza (Unreported)
- Criminal Procedure
- Plea of guilty- accused charged with rape-particulars of the offence do not show essential ingredient of the offence ‘consent’-Whether conviction on plea of guilty can stand.
- Charge – accused charged with rape-charge does not show which type of rape he is charged with-whether fatal.
Held:-
(i) To pin down a person with rape, the statement must specify which of paragraphs (a) to (e) of section 130 (2) of the Penal Code he has committed. When a statement refers only to section 130(I), it is vague and ambiguous in so far as that provision refers to a girl or a woman.
(ii) When the particulars of the offence do not disclose an essential ingredient of the offence (eg lack of consent for rape), and it happens that the accused pleads guilty, the omission is fatal and the conviction on plea of guilty cannot stand.