abraham iddi alute ngudu vs republic 2019 tzca 277 20 august 2019
The evidence of the victim (PW1), a child of 14 years, was improperly admitted without a voire dire test and was expunged. However, the remaining evidence, including medical evidence and the appellant's cautioned statement admitting the offence, was sufficient to sustain the conviction for rape.
- Citation
- abraham iddi alute ngudu vs republic 2019 tzca 277 20 august 2019
- Parties
- Appellant: Abraham Idd Alute @ Ngudu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 August 2019
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence of Child Witnesses, Confession, Procedure on Appeal
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Abraham Idd Alute @ Ngudu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether the evidence of a child of 14 years required a voire dire test under section 127 of the Evidence Act
- 2 Whether the conviction could be sustained after expunging the victim's testimony
- 3 Whether a cautioned statement requires corroboration by an extra-judicial statement
Ratio Decidendi
The evidence of the victim (PW1), a child of 14 years, was improperly admitted without a voire dire test and was expunged. However, the remaining evidence, including medical evidence and the appellant's cautioned statement admitting the offence, was sufficient to sustain the conviction for rape.
Court Disposition
appeal dismissed
Orders
- Evidence of PW1 expunged from the record
- Conviction and sentence upheld
Full Case Text
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