loji ngao vs the republic 2021 tzhc 9465 6 december 2021
The appeal was dismissed because the trial court complied with the law regarding child witness testimony, the expert medical evidence was credible, there were no material contradictions in the prosecution's evidence, and the failure to call Neema as a witness did not affect the prosecution's case.
- Citation
- loji ngao vs the republic 2021 tzhc 9465 6 december 2021
- Parties
- Appellant: Loji Ngao; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 6 December 2021
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Child Witness, Appeals, Sentencing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Loji Ngao
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the trial court erred by receiving the evidence of the victim without conducting voire dire
- 2 Whether the trial court erred in relying on the expert evidence of the medical doctor (PW4)
- 3 Whether the trial court erred in relying on the allegedly contradictory evidence of PW3
Ratio Decidendi
The appeal was dismissed because the trial court complied with the law regarding child witness testimony, the expert medical evidence was credible, there were no material contradictions in the prosecution's evidence, and the failure to call Neema as a witness did not affect the prosecution's case.
Court Disposition
appeal dismissed
Orders
- Conviction and sentence of life imprisonment by the trial District Court are upheld
Full Case Text
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