hassan bacho nassoro vs republic 2021 tzca 223 2 june 2021
The appeal was dismissed because the victim was not a child of tender age and thus did not require a promise to tell the truth, the defence was considered by both lower courts, the affirmation of witnesses was proper and any procedural infraction was curable, and new factual grounds could not be entertained at this stage.
- Citation
- hassan bacho nassoro vs republic 2021 tzca 223 2 june 2021
- Parties
- Appellant: Hassan Bacho Nassoro; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 June 2021
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Rape, Statutory Rape, Evidence, Affirmation of Witnesses, Appeal Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Hassan Bacho Nassoro
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the evidence of the victim was properly taken without a promise to tell the truth as required for children of tender age
- 2 Whether exhibits PI and P2 were irregularly admitted for lack of identification by PW1
- 3 Whether the defence evidence was considered by both courts below
Ratio Decidendi
The appeal was dismissed because the victim was not a child of tender age and thus did not require a promise to tell the truth, the defence was considered by both lower courts, the affirmation of witnesses was proper and any procedural infraction was curable, and new factual grounds could not be entertained at this stage.
Court Disposition
Appeal dismissed
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