gerald daudi vs republic 2016 tzca 962 20 april 2016

gerald daudi vs republic 2016 tzca 962 20 april 2016

There was sufficient corroborative evidence from other prosecution witnesses and medical report to prove the offence of rape beyond reasonable doubt, regardless of the shortcomings in the voire dire examination of the child complainant.

Citation
gerald daudi vs republic 2016 tzca 962 20 april 2016
Parties
Appellant: Gerald Daudi @ NG'UNDA; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 April 2016
Procedural Posture
Criminal Appeal / Second Appeal From Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Rape, Evidence, Voire Dire, Child Witness, Sentencing
Source Language
English
Criminal Law Rape Evidence Voire Dire Child Witness Sentencing

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Parties

Gerald Daudi @ NG'UNDA

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for rape was proper given the conduct of voire dire examination under section 127(2) of the Evidence Act
  2. 2 Whether there was sufficient corroborative evidence to support the conviction
  3. 3 Whether the alleged contradiction in the time of offence affected the prosecution case

Ratio Decidendi

There was sufficient corroborative evidence from other prosecution witnesses and medical report to prove the offence of rape beyond reasonable doubt, regardless of the shortcomings in the voire dire examination of the child complainant.

Court Disposition

Appeal dismissed; conviction and sentence upheld.