20111114 TZHC Dodoma
The evidence of the child complainant was received contrary to mandatory legal provisions as no proper voir dire examination was conducted and no opinion was recorded; other evidence was hearsay or improperly admitted; thus, the prosecution failed to prove the case beyond reasonable doubt.
- Citation
- 20111114 TZHC Dodoma
- Parties
- Appellant: Asha Kabohora; Appellant: Bernard Manara; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 November 2011
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed; conviction quashed; sentence set aside
- Legal Topics
- Rape, Parties to Offence, Evidence of Child Witnesses, Voir Dire Examination, Standard of Proof, Admissibility of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Asha Kabohora
Appellant
Bernard Manara
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the evidence of the child complainant was properly received in accordance with the law
- 2 Whether the prosecution proved the case beyond reasonable doubt
- 3 Whether the conviction and sentence were proper
Ratio Decidendi
The evidence of the child complainant was received contrary to mandatory legal provisions as no proper voir dire examination was conducted and no opinion was recorded; other evidence was hearsay or improperly admitted; thus, the prosecution failed to prove the case beyond reasonable doubt.
Court Disposition
appeal allowed; conviction quashed; sentence set aside
Orders
- Appellants to be set at liberty unless held for other lawful cause
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