andrew charles vs republic 2019 tzca 278 20 august 2019

Failure to conduct voire dire test rendered PW1's evidence inadmissible, but remaining evidence including confession and medical testimony was sufficient to uphold conviction and sentence.

Citation: andrew charles vs republic 2019 tzca 278 20 august 2019
Parties: Appellant: Andrew Charles; 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 of Child Witnesses, Confession, Procedure on Appeal
Source Language: English

Criminal Law Rape Evidence of Child Witnesses Confession Procedure on Appeal

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Andrew Charles

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

1 Whether failure to conduct voire dire test for child witness invalidates evidence
2 Whether confession was voluntary
3 Whether remaining evidence suffices for conviction after expunging child witness evidence

Ratio Decidendi

Failure to conduct voire dire test rendered PW1's evidence inadmissible, but remaining evidence including confession and medical testimony was sufficient to uphold conviction and sentence.

Court Disposition

appeal dismissed

Orders

conviction and sentence upheld