marko bernard vs republic 2021 tzca 499 20 september 2021
The conviction was quashed because the evidence of PW1 was improperly admitted contrary to section 127(2) of the Evidence Act, the age of the victim was not proven, identification evidence was unreliable, and the remaining prosecution evidence was insufficient to sustain a conviction beyond reasonable doubt.
- Citation
- marko bernard vs republic 2021 tzca 499 20 september 2021
- Parties
- Appellant: Marko Bernard; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 20 September 2021
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Statutory Rape, Child Witness, Visual Identification, Procedural Irregularity, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Marko Bernard
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of PW1 was properly admitted under section 127(2) of the Tanzania Evidence Act
- 2 Whether the identification of the appellant was reliable
- 3 Whether the age of the victim was proven
Ratio Decidendi
The conviction was quashed because the evidence of PW1 was improperly admitted contrary to section 127(2) of the Evidence Act, the age of the victim was not proven, identification evidence was unreliable, and the remaining prosecution evidence was insufficient to sustain a conviction beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- proceedings and judgment nullified
- conviction quashed
Full Case Text
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