20140513 TZCA Mbeya 5 Copy

20140513 TZCA Mbeya 5 Copy

The trial court failed to properly conduct a voir dire examination to determine the intelligence and understanding of the child witness as required by section 127(2) of the Evidence Act. Consequently, the evidence of the child was expunged, and the remaining evidence was insufficient and inconsistent to sustain a conviction for rape.

Citation
20140513 TZCA Mbeya 5 Copy
Parties
Appellant: Mathias Msambule; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
13 May 2014
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Child Witnesses, Voir Dire, Standard of Proof, Procedure in Criminal Trials
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Voir Dire Standard of Proof Procedure in Criminal Trials

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Parties

Mathias Msambule

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the evidence of a child of tender years was properly received under section 127(2) of the Evidence Act (TEA)
  2. 2 Whether the conviction for rape was sustainable on the evidence adduced

Ratio Decidendi

The trial court failed to properly conduct a voir dire examination to determine the intelligence and understanding of the child witness as required by section 127(2) of the Evidence Act. Consequently, the evidence of the child was expunged, and the remaining evidence was insufficient and inconsistent to sustain a conviction for rape.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside