20070919 TZCA Dar es Salaam

20070919 TZCA Dar es Salaam

Failure to conduct voire dire examination reduced the child's evidence to unsworn testimony, but sufficient corroboration existed from medical and confession evidence; summary rejection of the appeal was lawful as the grounds were without substance.

Citation
20070919 TZCA Dar es Salaam
Parties
Appellant: George s/o Goba; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 September 2007
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From Summary Rejection by High Court
Outcome
Appeal dismissed
Legal Topics
Defilement, Summary Rejection of Appeal, Child Witness Evidence, Voire Dire Examination
Source Language
English
Criminal Law Defilement Summary Rejection of Appeal Child Witness Evidence Voire Dire Examination

Case Brief

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Parties

George s/o Goba

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal to Court of Appeal From Summary Rejection by High Court

Legal Issues

  1. 1 Whether the appellant's right to be heard was curtailed by summary rejection of appeal
  2. 2 Whether the evidence of the victim, a child of tender age, was properly received in law
  3. 3 Whether contradictions in prosecution evidence were material

Ratio Decidendi

Failure to conduct voire dire examination reduced the child's evidence to unsworn testimony, but sufficient corroboration existed from medical and confession evidence; summary rejection of the appeal was lawful as the grounds were without substance.

Court Disposition

Appeal dismissed