godfrey wilson vs republic 2019 tzca 109 6 may 2019
The evidence of the child witness was not properly admitted as she did not make a promise to tell the truth and not to tell lies, rendering her evidence invalid under section 127(2) of the Evidence Act as amended. Without valid evidence from the victim, the conviction cannot stand.
- Citation
- godfrey wilson vs republic 2019 tzca 109 6 may 2019
- Parties
- Appellant: Godfrey Wilson; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 6 May 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Child Witness, Evidence Admissibility, Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Godfrey Wilson
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of a child witness was properly admitted under section 127(2) of the Evidence Act as amended
- 2 Whether new grounds not raised before the High Court can be entertained in the Court of Appeal
- 3 Whether the appellant's defence was considered by the first appellate judge
Ratio Decidendi
The evidence of the child witness was not properly admitted as she did not make a promise to tell the truth and not to tell lies, rendering her evidence invalid under section 127(2) of the Evidence Act as amended. Without valid evidence from the victim, the conviction cannot stand.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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