dominic vicent vs the republic 2023 tzhc 21617 6 october 2023

The conviction was quashed because the key witness, a child of tender years, did not make a recorded promise to tell the truth before testifying, contrary to Section 127(2) of the Evidence Act, rendering her evidence inadmissible and leaving insufficient evidence to support the conviction.

Citation: dominic vicent vs the republic 2023 tzhc 21617 6 october 2023
Parties: Appellant: Dominic Vicent; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 6 October 2023
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless held for other lawful cause
Legal Topics: Rape, Evidence of Child Witnesses, Procedure in Criminal Trials
Source Language: English

Criminal Law Rape Evidence of Child Witnesses Procedure in Criminal Trials

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Parties

Dominic Vicent

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the evidence of a child of tender years was properly admitted and relied upon by the trial court
2 Whether failure to comply with Section 127(2) of the Evidence Act invalidates the conviction

Ratio Decidendi

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant ordered released unless held for other lawful cause

Orders

Conviction quashed
Sentence set aside