andrew charles vs republic 2019 tzca 247 20 august 2019
Even after expunging the evidence of PW1 due to failure to conduct voire dire test, the remaining evidence, including medical evidence and voluntary confession, was sufficient to sustain conviction and sentence for rape.
- Citation
- andrew charles vs republic 2019 tzca 247 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
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 is sufficient to sustain conviction
Ratio Decidendi
Even after expunging the evidence of PW1 due to failure to conduct voire dire test, the remaining evidence, including medical evidence and voluntary confession, was sufficient to sustain conviction and sentence for rape.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence affirmed
Full Case Text
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