davis vs republic 2009 tzca 2 20 november 2009

davis vs republic 2009 tzca 2 20 november 2009

The trial magistrate failed to properly conduct and record voire dire examination of the child witnesses as required by law, resulting in a fatal irregularity. The conviction based on unsworn and uncorroborated evidence could not stand. Given the passage of time and the best interests of the child, a retrial was not ordered.

Citation
davis vs republic 2009 tzca 2 20 november 2009
Parties
Appellant: Jackson Davis; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
20 November 2009
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully held for another cause.
Legal Topics
Unnatural Offence, Voire Dire Examination, Child Witness, Corroboration of Evidence, Sexual Offences, Best Interests of the Child
Source Language
English
Criminal Law Evidence Law Child Protection Unnatural Offence Voire Dire Examination Child Witness Corroboration of Evidence Sexual Offences +1 more

Case Brief

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Parties

Jackson Davis

Appellant

The Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the conviction based on unsworn and uncorroborated testimonies of child witnesses was lawful
  2. 2 Whether the trial magistrate complied with the mandatory provisions for receiving evidence from children of tender years
  3. 3 Whether a retrial should be ordered given the circumstances

Ratio Decidendi

The trial magistrate failed to properly conduct and record voire dire examination of the child witnesses as required by law, resulting in a fatal irregularity. The conviction based on unsworn and uncorroborated evidence could not stand. Given the passage of time and the best interests of the child, a retrial was not ordered.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully held for another cause.

Orders

  • Conviction quashed
  • Sentence set aside