mohamed said vs republic 2019 tzca 252 22 august 2019
The conviction was quashed because the evidence of the victim was unreliable, the courts below failed to properly assess her credibility, and the conviction rested on weak evidence contrary to the requirements of Section 127(7) of the Evidence Act.
- Citation
- mohamed said vs republic 2019 tzca 252 22 august 2019
- Parties
- Appellant: Mohamed Said; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 22 August 2019
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed; conviction quashed; sentence set aside; appellant ordered released
- Legal Topics
- Incest, Sexual Offences, Evidence Assessment, Credibility of Witnesses
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mohamed Said
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction for incest by male was based on credible evidence
- 2 Whether the trial and appellate courts properly assessed the credibility of the victim's testimony
- 3 Whether procedural requirements under the Criminal Procedure Act and Evidence Act were complied with
Ratio Decidendi
The conviction was quashed because the evidence of the victim was unreliable, the courts below failed to properly assess her credibility, and the conviction rested on weak evidence contrary to the requirements of Section 127(7) of the Evidence Act.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; appellant ordered released
Orders
- Appellant's immediate release unless held for another lawful cause
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment