kimbute otiniel vs republic 2013 tzca 351 26 november 2013

Due to conflicting Court of Appeal decisions on the evidential consequences of non-compliance with voire dire examination, the matter is referred to a full bench for authoritative resolution.

Citation: kimbute otiniel vs republic 2013 tzca 351 26 november 2013
Parties: Appellant: Atarusha; Respondent: Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 26 November 2013
Procedural Posture: Criminal Appeal / Referral to Full Bench
Outcome: adjourned and referred to full bench
Legal Topics: Voce Dire Examination, Child Witness, Corroboration, Unsworn Evidence
Source Language: English

Criminal Law Evidence Law Child Law Voce Dire Examination Child Witness Corroboration Unsworn Evidence

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Parties

Atarusha

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Referral to Full Bench

Legal Issues

1 What are the legal and evidential consequences of non-compliance with voire dire examination under section 127(2) of the Evidence Act?
2 Should such evidence be treated as unsworn evidence requiring corroboration or be discarded entirely?
3 What is the import of section 127(7) of the Evidence Act in relation to section 115(3) of the Law of the Child Act, No 21 of 2009?

Ratio Decidendi

Due to conflicting Court of Appeal decisions on the evidential consequences of non-compliance with voire dire examination, the matter is referred to a full bench for authoritative resolution.

Court Disposition

adjourned and referred to full bench

Orders

Appeal adjourned to a date to be announced by the Registrar.
Matter to be forwarded to the Hon. Chief Justice for necessary action.