lyongo so hamisi gembe vs republic 2020 tzca 1911 17 december 2020

lyongo so hamisi gembe vs republic 2020 tzca 1911 17 december 2020

After exclusion of the victim's evidence for lack of voir dire, the remaining evidence was hearsay and insufficient to prove the offence of rape beyond reasonable doubt; conviction could not be sustained.

Citation
lyongo so hamisi gembe vs republic 2020 tzca 1911 17 december 2020
Parties
Appellant: Lyongo s/o Hamisi @ Gembe; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 December 2020
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Rape, Statutory Rape, Evidence, Hearsay, Standard of Proof, Voir Dire, Admissibility of Evidence
Source Language
English
Criminal Law Rape Statutory Rape Evidence Hearsay Standard of Proof Voir Dire Admissibility of Evidence

Case Brief

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Parties

Lyongo s/o Hamisi @ Gembe

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the prosecution proved the offence of rape beyond reasonable doubt after the exclusion of the victim's evidence
  2. 2 Whether the conviction could be sustained on the evidence of PW2 and PW3 after the victim's evidence was discounted

Ratio Decidendi

After exclusion of the victim's evidence for lack of voir dire, the remaining evidence was hearsay and insufficient to prove the offence of rape beyond reasonable doubt; conviction could not be sustained.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside