deemay daati others vs republic 2004 tzca 63 5 october 2004

deemay daati others vs republic 2004 tzca 63 5 october 2004

The appeal was dismissed because the breach of section 225(4) and (5) did not prejudice the appellants, the High Court was justified in re-evaluating the evidence due to misdirection by the trial court, and the evidence of the child witness, though unsworn, was corroborated and thus sufficient for conviction.

Citation
deemay daati others vs republic 2004 tzca 63 5 october 2004
Parties
Appellant: Deemay Daati; Appellant: Hawa Durbai; Appellant: Nada Daati; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 October 2004
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Cattle Theft, Criminal Procedure, Evidence of Child Witnesses, Appellate Review, Adjournment Rules
Source Language
English
Criminal Law Cattle Theft Criminal Procedure Evidence of Child Witnesses Appellate Review Adjournment Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Deemay Daati

Appellant

Hawa Durbai

Appellant

Nada Daati

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether adjournment beyond 60 days without certificate under section 225(4) and (5) of the Criminal Procedure Act, 1985 vitiates proceedings
  2. 2 Whether the High Court as first appellate court was entitled to re-evaluate evidence
  3. 3 Whether failure to conduct voire dire examination of a child witness under section 127 of the Evidence Act, 1967 rendered the evidence inadmissible

Ratio Decidendi

The appeal was dismissed because the breach of section 225(4) and (5) did not prejudice the appellants, the High Court was justified in re-evaluating the evidence due to misdirection by the trial court, and the evidence of the child witness, though unsworn, was corroborated and thus sufficient for conviction.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of five years imprisonment and compensation of 75,000/= confirmed