issa amir koshuma vs republic 2022 tzca 195 16 march 2022

issa amir koshuma vs republic 2022 tzca 195 16 march 2022

The conviction was based on evidence of child witnesses PW1 and PW2, which was improperly admitted due to failure to record mandatory findings on intelligence and understanding of truth-telling during voire dire examination. Their evidence was expunged, leaving no evidence linking the appellant to the offence. The...

Source-derived case information.

Citation
issa amir koshuma vs republic 2022 tzca 195 16 march 2022
Parties
Appellant: Issa Amir @ Koshuma; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 March 2022
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
conviction quashed, sentence set aside, retrial ordered
Legal Topics
Unnatural Offence, Child Witness Competency, Voire Dire Examination, Procedural Irregularity
Source Language
english
Criminal Law Evidence Law Unnatural Offence Child Witness Competency Voire Dire Examination Procedural Irregularity

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Summary, issues, holding and outcome

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Parties

Issa Amir @ Koshuma

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the evidence of child witnesses PW1 and PW2 was properly admitted under section 127(2) of the Evidence Act
  2. 2 Whether the conviction based on expunged evidence can stand

Ratio Decidendi

The conviction was based on evidence of child witnesses PW1 and PW2, which was improperly admitted due to failure to record mandatory findings on intelligence and understanding of truth-telling during voire dire examination. Their evidence was expunged, leaving no evidence linking the appellant to the offence. The conviction and sentence cannot stand.

Court Disposition

conviction quashed, sentence set aside, retrial ordered

Orders

  • Appellant's conviction quashed
  • Sentence of life imprisonment set aside