hangwa william vs republic 2011 tzca 94 28 february 2011

hangwa william vs republic 2011 tzca 94 28 february 2011

Non-compliance with statutory requirements for admitting child witness testimony and medical evidence, combined with failure to afford the appellant opportunity to call defence witnesses, resulted in insufficient evidence to sustain conviction; conviction quashed and sentence set aside.

Citation
hangwa william vs republic 2011 tzca 94 28 february 2011
Parties
Appellant: Hangwa William; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 February 2011
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Rape, Child Witness, Medical Evidence, Fair Trial, Right to Call Witnesses
Source Language
English
Criminal Law Evidence Law Procedure Rape Child Witness Medical Evidence Fair Trial Right to Call Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Hangwa William

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the evidence of child witnesses was properly admitted under section 127(2) of the Evidence Act
  2. 2 Whether the medical report (PF3) was properly admitted under section 240(3) of the Criminal Procedure Act
  3. 3 Whether the appellant was afforded the right to call defence witnesses

Ratio Decidendi

Non-compliance with statutory requirements for admitting child witness testimony and medical evidence, combined with failure to afford the appellant opportunity to call defence witnesses, resulted in insufficient evidence to sustain conviction; conviction quashed and sentence set aside.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside