mathias joromini vs republic 2021 tzca 412 25 august 2021
The evidence of PW2, a child of tender age, was improperly admitted as no promise to tell the truth was recorded, violating section 127(2) of the Evidence Act. After expunging PW2's evidence, the remaining evidence could not prove the offence beyond reasonable doubt. The conviction and sentence were quashed, and the appellant was ordered to be released.
- Citation
- mathias joromini vs republic 2021 tzca 412 25 august 2021
- Parties
- Appellant: Mathias Joromini; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 25 August 2021
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence of Child Witnesses, Admissibility of Evidence, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mathias Joromini
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the evidence of PW2, a child of tender age, was properly admitted
- 2 Whether the conviction was supported by evidence beyond reasonable doubt
- 3 Whether a retrial should be ordered after expunging improperly admitted evidence
Ratio Decidendi
The evidence of PW2, a child of tender age, was improperly admitted as no promise to tell the truth was recorded, violating section 127(2) of the Evidence Act. After expunging PW2's evidence, the remaining evidence could not prove the offence beyond reasonable doubt. The conviction and sentence were quashed, and the appellant was ordered to be released.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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