jackson davis vs republic 2009 tzca 46 20 november 2009

jackson davis vs republic 2009 tzca 46 20 november 2009

The trial magistrate failed to properly conduct and record voire dire examination as required by law, rendering the testimonies of the child witnesses unsworn and uncorroborated, which is a fatal irregularity. The court also failed to record reasons for believing the child was telling the truth as required for conviction under section 127(7) of the Evidence Act. Given the passage of time and the best interests of the child, a retrial was not ordered.

Citation
jackson davis vs republic 2009 tzca 46 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 and sentence set aside.
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 Law 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 proper
  2. 2 Whether the trial magistrate complied with mandatory provisions for voire dire examination under section 127(2) of the Evidence Act
  3. 3 Whether a retrial should be ordered given the circumstances and the best interests of the child

Ratio Decidendi

The trial magistrate failed to properly conduct and record voire dire examination as required by law, rendering the testimonies of the child witnesses unsworn and uncorroborated, which is a fatal irregularity. The court also failed to record reasons for believing the child was telling the truth as required for conviction under section 127(7) of the Evidence Act. Given the passage of time and the best interests of the child, a retrial was not ordered.

Court Disposition

Appeal allowed. Conviction quashed and sentence set aside.

Orders

  • Appellant to be released forthwith unless otherwise lawfully held.