issa said issa vs republic 2023 tzca 17669 29 september 2023

issa said issa vs republic 2023 tzca 17669 29 september 2023

The evidence of PW2 and PW3 was improperly admitted and is of no evidential value due to non-compliance with section 127(2) of the Tanzania Evidence Act. The PF3 report and cautioned statement were wrongly admitted and expunged. However, the remaining evidence, particularly from PW4 and PW5, proved the prosecution...

Source-derived case information.

Citation
issa said issa vs republic 2023 tzca 17669 29 september 2023
Parties
Appellant: Issa Said Issa; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 September 2023
Procedural Posture
Criminal Appeal / Second and Final Appeal Before the Court of Appeal
Outcome
appeal dismissed
Legal Topics
Unnatural Offence, Sexual Offences Against Children, Evidence of Child Witnesses, Admissibility of Documentary Evidence, Sentencing
Source Language
english
Criminal Law Unnatural Offence Sexual Offences Against Children Evidence of Child Witnesses Admissibility of Documentary Evidence Sentencing

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Parties

Issa Said Issa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second and Final Appeal Before the Court of Appeal

Legal Issues

  1. 1 Whether the evidence of child witnesses PW2 and PW3 was properly admitted under section 127(2) of the Tanzania Evidence Act
  2. 2 Whether the PF3 report and cautioned statement were properly admitted as evidence
  3. 3 Whether failure to call certain witnesses was fatal to the prosecution case

Ratio Decidendi

The evidence of PW2 and PW3 was improperly admitted and is of no evidential value due to non-compliance with section 127(2) of the Tanzania Evidence Act. The PF3 report and cautioned statement were wrongly admitted and expunged. However, the remaining evidence, particularly from PW4 and PW5, proved the prosecution case beyond reasonable doubt. The appellant's defence did not raise reasonable doubt, and the prosecution was not required to call additional witnesses. The conviction and sentence are upheld, with the sentence for all counts corrected to life imprisonment as required by law.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence upheld
  • Sentence for second and third counts corrected to life imprisonment