hamidu yunusu vs republic 2022 tzca 673 4 november 2022

hamidu yunusu vs republic 2022 tzca 673 4 november 2022

The evidence of the victim (PW1), a child of tender age, was admitted in contravention of section 127(2) of the Evidence Act, rendering it inadmissible; with this evidence discounted, the remaining evidence was insufficient to prove the offences beyond reasonable doubt; conviction could not be sustained.

Citation
hamidu yunusu vs republic 2022 tzca 673 4 november 2022
Parties
Appellant: Hamimu Yunusu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
4 November 2022
Procedural Posture
Criminal Appeal / Second Appeal, Court of Appeal of Tanzania
Outcome
appeal allowed; conviction quashed; acquittal substituted; sentences set aside
Legal Topics
Rape, Sexual Offences, Evidence of Child Witnesses, HIV Transmission, Appeals Procedure
Source Language
English
Criminal Law Rape Sexual Offences Evidence of Child Witnesses HIV Transmission Appeals Procedure

Case Brief

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Parties

Hamimu Yunusu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal, Court of Appeal of Tanzania

Legal Issues

  1. 1 Whether the evidence of a child witness was properly admitted under section 127(2) of the Evidence Act
  2. 2 Whether the prosecution proved the offences of rape and intentional HIV transmission beyond reasonable doubt
  3. 3 Whether the conviction could be sustained without the evidence of the victim

Ratio Decidendi

The evidence of the victim (PW1), a child of tender age, was admitted in contravention of section 127(2) of the Evidence Act, rendering it inadmissible; with this evidence discounted, the remaining evidence was insufficient to prove the offences beyond reasonable doubt; conviction could not be sustained.

Court Disposition

appeal allowed; conviction quashed; acquittal substituted; sentences set aside

Orders

  • Appellant to be released from custody forthwith unless otherwise lawfully held