20051230 TZHC Dar es Salaam

20051230 TZHC Dar es Salaam

The conviction was upheld because the evidence of the child was corroborated by other witnesses, identification was not in issue, voire dire was unnecessary, and the appellant's defence was considered and found baseless.

Citation
20051230 TZHC Dar es Salaam
Parties
Appellant: Moses Mbuli; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
30 December 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Evidence of Child Witnesses, Corroboration, Voire Dire, Identification, Right to Defence
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Corroboration Voire Dire Identification Right to Defence

Case Brief

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Parties

Moses Mbuli

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for rape was based on uncorroborated evidence of a child witness
  2. 2 Whether failure to conduct an identification parade affected the correctness of identification
  3. 3 Whether the testimony of a child of tender years was received without a voire dire

Ratio Decidendi

The conviction was upheld because the evidence of the child was corroborated by other witnesses, identification was not in issue, voire dire was unnecessary, and the appellant's defence was considered and found baseless.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed in its entirety