alberto kibamba vs republic 2020 tzhc 1867 30 june 2020
The trial court fatally erred by improperly receiving the evidence of a child of tender age, causing the conviction to be unsustainable; the proceedings and conviction are quashed and a retrial is ordered.
- Citation
- alberto kibamba vs republic 2020 tzhc 1867 30 june 2020
- Parties
- Appellant: Alberto Kibamba; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 30 June 2020
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed; conviction quashed; retrial ordered
- Legal Topics
- Rape, Child Witness, Competence of Witness, Retrial, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Alberto Kibamba
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial court erred in convicting the appellant based solely on the evidence of a child of tender age received contrary to legal requirements
- 2 Whether the prosecution proved the charge beyond reasonable doubt
Ratio Decidendi
The trial court fatally erred by improperly receiving the evidence of a child of tender age, causing the conviction to be unsustainable; the proceedings and conviction are quashed and a retrial is ordered.
Court Disposition
appeal allowed; conviction quashed; retrial ordered
Orders
- Proceedings and conviction of the trial court are nullified and quashed.
- Impugned judgment and sentence are set aside.
Full Case Text
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