ELISHA WILLIAM VS REPUBLIC
The victim's evidence was wrongly recorded without oath as she was not a child of tender age at the time of testimony, rendering it inadmissible and leaving only hearsay evidence, which cannot sustain a conviction.
Source-derived case information.
- Citation
- ELISHA WILLIAM VS REPUBLIC
- Parties
- Appellant: Elisha William; Respondent: The Republic
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 21 February 2022
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elisha William
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the victim's evidence was properly recorded under the law
- 2 Whether the conviction and sentence were justified based on admissible evidence
Ratio Decidendi
The victim's evidence was wrongly recorded without oath as she was not a child of tender age at the time of testimony, rendering it inadmissible and leaving only hearsay evidence, which cannot sustain a conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence of thirty years set aside
Full Case Text
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