evarist nyongo vs republic 2012 tzca 174 7 september 2012
The conviction was unsafe because the evidence of the child witness was improperly admitted, and the remaining prosecution evidence was contradictory and unreliable, resulting in a miscarriage of justice.
- Citation
- evarist nyongo vs republic 2012 tzca 174 7 september 2012
- Parties
- Appellant: Evarist Nyongo; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 7 September 2012
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Unnatural Offence, Evidence of Child Witnesses, Voir Dire, Credibility of Witnesses, Miscarriage of Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Parties
Evarist Nyongo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction was based on credible and admissible evidence
- 2 Whether the evidence of the child witness (PW3) was properly admitted
- 3 Whether contradictions in prosecution evidence undermined the conviction
Ratio Decidendi
The conviction was unsafe because the evidence of the child witness was improperly admitted, and the remaining prosecution evidence was contradictory and unreliable, resulting in a miscarriage of justice.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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