hando dawido vs republic 2021 tzca 719 2 december 2021

hando dawido vs republic 2021 tzca 719 2 december 2021

The trial magistrate's manner of signing the record after recording the evidence of witnesses on the same day satisfied the requirements of section 210(1)(a) of the Criminal Procedure Act. The law did not require voire dire test for child witnesses at the time of trial, only a promise to tell the truth, which was complied with. The prosecution proved the charge of grave sexual abuse beyond reasonable doubt through direct and corroborated evidence from the victim and other witnesses.

Citation
hando dawido vs republic 2021 tzca 719 2 december 2021
Parties
Appellant: Hando Dawido; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
2 December 2021
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Grave Sexual Abuse, Evidence of Child Witnesses, Procedural Compliance, Standard of Proof
Source Language
English
Criminal Law Child Protection Law Grave Sexual Abuse Evidence of Child Witnesses Procedural Compliance Standard of Proof

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hando Dawido

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the trial magistrate complied with section 210(1)(a) of the Criminal Procedure Act in recording evidence
  2. 2 Whether failure to conduct voire dire test for child witnesses rendered the proceedings invalid
  3. 3 Whether the prosecution proved the charge of grave sexual abuse beyond reasonable doubt

Ratio Decidendi

The trial magistrate's manner of signing the record after recording the evidence of witnesses on the same day satisfied the requirements of section 210(1)(a) of the Criminal Procedure Act. The law did not require voire dire test for child witnesses at the time of trial, only a promise to tell the truth, which was complied with. The prosecution proved the charge of grave sexual abuse beyond reasonable doubt through direct and corroborated evidence from the victim and other witnesses.

Court Disposition

Appeal dismissed