20131125 TZCA Arusha2
The conviction was quashed because the evidence of the child witness was unsworn and lacked proper corroboration, and the medical evidence was improperly admitted due to procedural irregularity, resulting in insufficient evidence to sustain the conviction.
- Citation
- 20131125 TZCA Arusha2
- Parties
- Appellant: Daudi Samwel; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 November 2013
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Unnatural Offence, Child Witness, Evidence, Corroboration, Procedural Irregularity
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Daudi Samwel
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction for unnatural offence was supported by sufficient evidence
- 2 Whether the evidence of a child witness was properly admitted without a voire dire examination
- 3 Whether the evidence of PW4 corroborated the evidence of PW2
Ratio Decidendi
The conviction was quashed because the evidence of the child witness was unsworn and lacked proper corroboration, and the medical evidence was improperly admitted due to procedural irregularity, resulting in insufficient evidence to sustain the conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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