hamisi masanja vs republic 2013 tzca 305 18 june 2013
The conviction was unsafe because the evidence of the child victim was improperly admitted without a voire dire examination, and once expunged, no admissible evidence remained to prove rape beyond reasonable doubt.
- Citation
- hamisi masanja vs republic 2013 tzca 305 18 june 2013
- Parties
- Appellant: Hamisi Masanja; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 June 2013
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Voir Dire Examination, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Parties
Hamisi Masanja
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of a child of tender age was properly admitted
- 2 Whether the conviction for rape was supported by admissible evidence
Ratio Decidendi
The conviction was unsafe because the evidence of the child victim was improperly admitted without a voire dire examination, and once expunged, no admissible evidence remained to prove rape beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment