mohamed omary vs republic 2012 tzca 220 27 june 2012
The trial court's total omission to conduct a mandatory voire dire examination under section 127(2) rendered the child witness's testimony inadmissible, leaving no evidence to support the conviction beyond reasonable doubt.
- Citation
- mohamed omary vs republic 2012 tzca 220 27 june 2012
- Parties
- Appellant: Mohamed Omary; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 27 June 2012
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Child Witness, Evidence, Procedure
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Parties
Mohamed Omary
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the trial court's failure to conduct a voire dire examination invalidated the conviction
- 2 Whether the evidence of a child of tender age was properly admitted
- 3 Whether there was sufficient evidence to convict the appellant
Ratio Decidendi
The trial court's total omission to conduct a mandatory voire dire examination under section 127(2) rendered the child witness's testimony inadmissible, leaving no evidence to support the conviction beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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