joseph damian savel vs republic 2021 tzca 54 2 march 2021
The conviction was unsustainable because the testimony of the child victim was improperly admitted without a promise to tell the truth, violating section 127(2) of the Evidence Act, and the remaining evidence was insufficient to prove the offence beyond reasonable doubt.
- Citation
- joseph damian savel vs republic 2021 tzca 54 2 march 2021
- Parties
- Appellant: Joseph Damian @ Savel; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 2 March 2021
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Procedure for Voire Dire, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Joseph Damian @ Savel
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the voire dire examination of the child victim complied with section 127(2) of the Evidence Act
- 2 Whether the conviction could be sustained without the victim's testimony
- 3 Whether the remaining evidence proved the offence beyond reasonable doubt
Ratio Decidendi
The conviction was unsustainable because the testimony of the child victim was improperly admitted without a promise to tell the truth, violating section 127(2) of the Evidence Act, and the remaining evidence was insufficient to prove the offence beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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