mashaka zakayo vs republic 2020 tzhc 163 28 february 2020
Failure to comply with mandatory provisions for admitting evidence of a child of tender age and improper admission of PF3 rendered the conviction unsafe; evidence was expunged and remaining evidence was insufficient to sustain conviction.
- Citation
- mashaka zakayo vs republic 2020 tzhc 163 28 february 2020
- Parties
- Appellant: Mashaka Zakayo; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 February 2020
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mashaka Zakayo
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence of a child of tender age was properly admitted
- 2 Whether the PF3 medical report was properly tendered and admitted
Ratio Decidendi
Failure to comply with mandatory provisions for admitting evidence of a child of tender age and improper admission of PF3 rendered the conviction unsafe; evidence was expunged and remaining evidence was insufficient to sustain conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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