charles elias vs republic 2011 tzca 195 23 september 2011
The trial court failed to properly conduct voire dire examination as required by section 127(2) of the Evidence Act, rendering the evidence of the child witness incompetent and improperly received. There was insufficient evidence to prove the appellant committed the offence beyond reasonable doubt.
- Citation
- charles elias vs republic 2011 tzca 195 23 september 2011
- Parties
- Appellant: Charles Elias; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 23 September 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness, Voire Dire Examination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Charles Elias
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the trial court properly conducted voire dire examination under section 127(2) of the Evidence Act
- 2 Whether the conviction was supported by evidence beyond reasonable doubt
Ratio Decidendi
The trial court failed to properly conduct voire dire examination as required by section 127(2) of the Evidence Act, rendering the evidence of the child witness incompetent and improperly received. There was insufficient evidence to prove the appellant committed the offence beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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