abraham iddi alute ngudu vs republic 2019 tzca 245 20 august 2019
PW1's evidence was expunged for lack of voire dire test, but remaining evidence from PW2, PW5, and the appellant's cautioned statement was sufficient to sustain conviction for rape; new grounds not raised in the first appellate court were ignored.
- Citation
- abraham iddi alute ngudu vs republic 2019 tzca 245 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
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness, Confession
- 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
Legal Issues
- 1 Whether the evidence of PW1 was improperly relied upon without conducting a voire dire test
- 2 Whether the cautioned statement required corroboration by an extra judicial statement
- 3 Whether new grounds not raised in the first appellate court can be entertained
Ratio Decidendi
PW1's evidence was expunged for lack of voire dire test, but remaining evidence from PW2, PW5, and the appellant's cautioned statement was sufficient to sustain conviction for rape; new grounds not raised in the first appellate court were ignored.
Court Disposition
appeal dismissed
Orders
- PW1's evidence expunged
- Conviction and sentence of 30 years' imprisonment upheld
Full Case Text
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