20051005 TZCA Arusha

20051005 TZCA Arusha

The appeal was dismissed because the breach of section 225(4) and (5) did not prejudice the appellants, the High Court was entitled to re-evaluate 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
20051005 TZCA Arusha
Parties
Appellant: Deemay Daati; Appellant: Hawa Durbai; Appellant: Nada Daati; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
5 October 2005
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Cattle Theft, Criminal Procedure, Evidence of Children, Appellate Review
Source Language
English
Criminal Law Cattle Theft Criminal Procedure Evidence of Children Appellate Review

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 breach of section 225(4) and (5) of the Criminal Procedure Act, 1985 vitiates proceedings
  2. 2 Whether the High Court as first appellate court could re-evaluate evidence
  3. 3 Whether failure to conduct voire dire for a child witness under section 127(1) of the Evidence Act, 1967 renders 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 entitled to re-evaluate 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.