mohemed sainyeye vs republic 2012 tzca 15 17 may 2012
Failure to properly conduct a voire dire examination and record findings as required by section 127(2) of the Evidence Act renders the evidence of a child of tender age inadmissible; without such evidence, the conviction cannot stand.
- Citation
- mohemed sainyeye vs republic 2012 tzca 15 17 may 2012
- Parties
- Appellant: Mohamed Sainyeye; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 17 May 2012
- Procedural Posture
- Criminal Appeal / Second Appeal From High Court Judgment
- Outcome
- Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully detained.
- Legal Topics
- Rape, Unnatural Offence, Child Witness, Voire Dire, Competency of Witness, Procedure in Criminal Trials
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mohamed Sainyeye
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From High Court Judgment
Legal Issues
- 1 Whether the evidence of a child of tender age was properly admitted in compliance with section 127(2) of the Evidence Act
- 2 Whether the conviction can stand without the evidence of the child witness
Ratio Decidendi
Failure to properly conduct a voire dire examination and record findings as required by section 127(2) of the Evidence Act renders the evidence of a child of tender age inadmissible; without such evidence, the conviction cannot stand.
Court Disposition
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully detained.
Orders
- Appeal allowed
- Conviction quashed
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