20181107 TZHC Dodoma

20181107 TZHC Dodoma

The conviction was quashed and sentence set aside because the evidence of the child victims was wrongly admitted due to procedural irregularity, the ages of the victims were not proved, and the medical evidence was improperly admitted; thus, the prosecution failed to prove the case beyond reasonable doubt.

Citation
20181107 TZHC Dodoma
Parties
Appellant: Aloyce Hela; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 November 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause
Legal Topics
Rape, Evidence of Children, Procedural Irregularity, Defective Charge, Standard of Proof
Source Language
English
Criminal Law Rape Evidence of Children Procedural Irregularity Defective Charge Standard of Proof

Case Brief

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Parties

Aloyce Hela

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in law and fact by convicting the appellant based on insufficient voire dire examination of child witnesses
  2. 2 Whether the PF3 (medical report) was wrongly admitted without proper procedure
  3. 3 Whether the prosecution proved the age of the victims beyond reasonable doubt

Ratio Decidendi

The conviction was quashed and sentence set aside because the evidence of the child victims was wrongly admitted due to procedural irregularity, the ages of the victims were not proved, and the medical evidence was improperly admitted; thus, the prosecution failed to prove the case beyond reasonable doubt.

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held for another lawful cause

Orders

  • Appellant's conviction quashed
  • Sentence set aside