20150520 TZHC Iringa2
Failure to conduct a Voire Dire test for the child witness rendered the evidence inadmissible, and the remaining evidence was insufficient to prove the case beyond reasonable doubt.
- Citation
- 20150520 TZHC Iringa2
- Parties
- Appellant: Eliutery Mwisa; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 20 May 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Parties
Eliutery Mwisa
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the trial court conducted a Voire Dire test before taking the testimony of PW3
- 2 Whether the evidence on record was sufficient to warrant a conviction against the appellant
Ratio Decidendi
Failure to conduct a Voire Dire test for the child witness rendered the evidence inadmissible, and the remaining evidence was insufficient to prove the case beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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