machemba pastory others vs republic 2021 tzca 408 25 august 2021

machemba pastory others vs republic 2021 tzca 408 25 august 2021

Failure to conduct voire dire test for child witnesses rendered their testimony unworthy and uncorroborated, thus rape charges were not proved; armed robbery charge was defective for not specifying the victim of violence, invalidating the conviction.

Source-derived case information.

Citation
machemba pastory others vs republic 2021 tzca 408 25 august 2021
Parties
Appellant: Machemba Pastory; Appellant: Fikiri Kaliwa; Appellant: Hassan Malecha; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
25 August 2021
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed; convictions quashed; sentences set aside
Legal Topics
Gang Rape, Armed Robbery, Evidence of Child Witnesses, Charge Sheet Defects
Source Language
english
Criminal Law Gang Rape Armed Robbery Evidence of Child Witnesses Charge Sheet Defects

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Parties

Machemba Pastory

Appellant

Fikiri Kaliwa

Appellant

Hassan Malecha

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether failure to conduct voire dire test for child witnesses invalidates their testimony
  2. 2 Whether omission to specify victim of violence in armed robbery charge renders the charge defective

Ratio Decidendi

Failure to conduct voire dire test for child witnesses rendered their testimony unworthy and uncorroborated, thus rape charges were not proved; armed robbery charge was defective for not specifying the victim of violence, invalidating the conviction.

Court Disposition

appeal allowed; convictions quashed; sentences set aside

Orders

  • Appellants to be released immediately unless held for other lawful cause