20050930 TZCA Arusha

20050930 TZCA Arusha

The conviction was quashed because the trial court failed to conduct a proper voir dire examination of the child witness, admitted her evidence on oath without establishing her understanding of an oath, and there was no corroborative or sufficient evidence to prove the offences charged.

Citation
20050930 TZCA Arusha
Parties
Appellant: Justine Sawaki; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 September 2005
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence of the High Court
Outcome
appeal allowed; conviction quashed; sentences set aside
Legal Topics
Defilement, Incest by Males, Evidence of Child Witnesses, Voir Dire Examination, Corroboration of Evidence
Source Language
English
Criminal Law Evidence Law Defilement Incest by Males Evidence of Child Witnesses Voir Dire Examination Corroboration of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Justine Sawaki

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence of the High Court

Legal Issues

  1. 1 Whether the trial court erred in admitting and relying on the evidence of a child of tender years without proper voir dire examination
  2. 2 Whether there was sufficient evidence to prove the offences of defilement and incest by males beyond reasonable doubt
  3. 3 Whether the conviction could be sustained in the absence of corroboration and in light of procedural irregularities

Ratio Decidendi

The conviction was quashed because the trial court failed to conduct a proper voir dire examination of the child witness, admitted her evidence on oath without establishing her understanding of an oath, and there was no corroborative or sufficient evidence to prove the offences charged.

Court Disposition

appeal allowed; conviction quashed; sentences set aside

Orders

  • The appellant is to be set free unless held for some other lawful cause.