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
Summary, issues, holding and outcome
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Parties
Mlinzo Daudi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the failure to conduct a proper voire dire examination rendered the child witness's evidence inadmissible
- 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.
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