gadiel emmanuel urio vs republic 2019 tzca 586 13 december 2019
The conviction cannot be sustained because the unsworn testimony of the child witness was not corroborated, and the trial court failed to conduct a proper voire dire examination as required by law.
- Citation
- gadiel emmanuel urio vs republic 2019 tzca 586 13 december 2019
- Parties
- Appellant: Gadiel Emmanuel Urio; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 13 December 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Incest, Child Witness, Corroboration, Voire Dire Examination
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Parties
Gadiel Emmanuel Urio
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of a child witness was properly received without a proper voire dire examination
- 2 Whether the conviction could be sustained without corroboration of unsworn testimony
Ratio Decidendi
The conviction cannot be sustained because the unsworn testimony of the child witness was not corroborated, and the trial court failed to conduct a proper voire dire examination as required by law.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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