20130927 TZCA Dodoma 2

20130927 TZCA Dodoma 2

Despite the improper voire dire examination rendering PW2's evidence inadmissible, the remaining uncontroverted evidence from other prosecution witnesses established the appellant's guilt beyond reasonable doubt.

Citation
20130927 TZCA Dodoma 2
Parties
Appellant: Mlinzo Daudi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 September 2013
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed; conviction and sentence upheld.
Legal Topics
Unnatural Offence, Voire Dire Examination, Competence of Child Witness, Standard of Proof, Appellate Review of Facts
Source Language
English

Case Brief

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Parties

Mlinzo Daudi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

  1. 1 Whether the failure to conduct a proper voire dire examination rendered the child witness's evidence inadmissible
  2. 2 Whether the remaining evidence established the prosecution case beyond reasonable doubt

Ratio Decidendi

Despite the improper voire dire examination rendering PW2's evidence inadmissible, the remaining uncontroverted evidence from other prosecution witnesses established the appellant's guilt beyond reasonable doubt.

Court Disposition

Appeal dismissed; conviction and sentence upheld.