20121002 TZHC Mbeya1

20121002 TZHC Mbeya1

Failure to comply with the mandatory requirements of section 127(2) of the Tanzania Evidence Act rendered the child witness's evidence inadmissible, leaving only hearsay evidence which was insufficient to sustain a conviction for rape.

Citation
20121002 TZHC Mbeya1
Parties
Appellant: Makline Shola; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
2 October 2012
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Children, Admissibility of Evidence, Voir Dire, Standard of Proof
Source Language
English
Criminal Law Rape Evidence of Children Admissibility of Evidence Voir Dire Standard of Proof

Case Brief

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Parties

Makline Shola

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court properly admitted the evidence of a child witness under section 127(2) of the Tanzania Evidence Act
  2. 2 Whether there was sufficient evidence to sustain a conviction for rape

Ratio Decidendi

Failure to comply with the mandatory requirements of section 127(2) of the Tanzania Evidence Act rendered the child witness's evidence inadmissible, leaving only hearsay evidence which was insufficient to sustain a conviction for rape.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside