20110325 TZCA Tanga 1
The appeal was dismissed because the law does not require a warning on uncorroborated evidence of a child in sexual offences, and the 'release note' was properly admitted and relied upon as evidence. The evidence was sufficient to sustain the conviction.
- Citation
- 20110325 TZCA Tanga 1
- Parties
- Appellant: Onesphory Materu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 March 2011
- Procedural Posture
- Criminal Appeal / Second Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Evidence, Corroboration, Child Witness, Sexual Offences Special Provisions Act
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Onesphory Materu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the conviction could be sustained on the uncorroborated evidence of the victim
- 2 Whether the 'release note' written by the appellant was properly relied upon as evidence
Ratio Decidendi
The appeal was dismissed because the law does not require a warning on uncorroborated evidence of a child in sexual offences, and the 'release note' was properly admitted and relied upon as evidence. The evidence was sufficient to sustain the conviction.
Court Disposition
Appeal dismissed
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