20140513 TZCA Mbeya 3 Copy

20140513 TZCA Mbeya 3 Copy

The conviction was quashed because the evidence of the child witness was improperly admitted without proper voir dire examination as required by section 127(2) of the Evidence Act, and with that evidence expunged, there was no cogent evidence to sustain the conviction for rape.

Citation
20140513 TZCA Mbeya 3 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; conviction and sentence quashed and set aside
Legal Topics
Rape, Evidence of Child Witnesses, Standard of Proof, Voir Dire Examination
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Standard of Proof Voir Dire Examination

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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 age was properly received in compliance with section 127(2) of the Evidence Act
  2. 2 Whether the prosecution proved the offence of rape beyond reasonable doubt

Ratio Decidendi

The conviction was quashed because the evidence of the child witness was improperly admitted without proper voir dire examination as required by section 127(2) of the Evidence Act, and with that evidence expunged, there was no cogent evidence to sustain the conviction for rape.

Court Disposition

appeal allowed; conviction and sentence quashed and set aside

Orders

  • The appellant is to be released forthwith from prison unless otherwise lawfully held.