mashaka mustapha vs the republic 2023 tzhc 20891 11 september 2023

The conviction and sentence were quashed because the evidence of the child victim was recorded unprocedurally, contrary to section 127(2) of the Evidence Act, rendering the conviction illegal.

Citation: mashaka mustapha vs the republic 2023 tzhc 20891 11 september 2023
Parties: Appellant: Mashaka Mustapha; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 11 September 2023
Procedural Posture: Criminal Appeal / Judgment on Appeal
Outcome: conviction and sentence quashed; retrial ordered
Legal Topics: Rape, Wounding, Evidence of Child Witnesses, Procedural Irregularity, Retrial
Source Language: English

Criminal Law Criminal Procedure Rape Wounding Evidence of Child Witnesses Procedural Irregularity Retrial

Case Brief

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Parties

Mashaka Mustapha

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

1 Whether the conviction and sentence were valid given the procedural irregularity in recording the evidence of a child witness

Ratio Decidendi

The conviction and sentence were quashed because the evidence of the child victim was recorded unprocedurally, contrary to section 127(2) of the Evidence Act, rendering the conviction illegal.

Court Disposition

conviction and sentence quashed; retrial ordered

Orders

Conviction in both counts quashed
Sentences of 30 years for rape and six months for wounding set aside