20060601 TZCA Dar es Salaam 2 1

20060601 TZCA Dar es Salaam 2 1

The conviction was unsafe because the evidence of the child of tender years was admitted without a voir dire examination, there was no corroborative evidence linking the appellant to the offence, and the appellant was prejudiced by not being informed of his right to cross-examine the medical officer.

Citation
20060601 TZCA Dar es Salaam 2 1
Parties
Appellant: Anthony Kyando; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 June 2006
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
appeal allowed
Legal Topics
Rape, Child Witness, Voir Dire, Corroboration, Right to Cross Examine Medical Witness
Source Language
English
Criminal Law Evidence Law Rape Child Witness Voir Dire Corroboration Right to Cross Examine Medical Witness

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Parties

Anthony Kyando

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the evidence of a child of tender years was properly admitted without a voir dire examination
  2. 2 Whether failure to inform the accused of the right to cross-examine the medical officer prejudiced the defence
  3. 3 Whether there was sufficient evidence to support the conviction

Ratio Decidendi

The conviction was unsafe because the evidence of the child of tender years was admitted without a voir dire examination, there was no corroborative evidence linking the appellant to the offence, and the appellant was prejudiced by not being informed of his right to cross-examine the medical officer.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside