mosses william vs republic 2021 tzhc 7627 3 december 2021
The conviction and sentence were unlawful because the appellant, being 18 years old at the time of the offence, should not have been sentenced to imprisonment, and the testimony of the child victim was improperly admitted without the required promise to tell the truth, rendering the conviction unsafe.
- Citation
- mosses william vs republic 2021 tzhc 7627 3 december 2021
- Parties
- Appellant: Mosses William; Respondent: Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 3 December 2021
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Sentencing of Minors, Child Witness Testimony, Procedural Irregularities
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Mosses William
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant, being 18 years old at the time of offence, was lawful under the Penal Code and Child Act
- 2 Whether the testimony of the child victim was properly admitted under Section 127(2) of the Evidence Act
Ratio Decidendi
The conviction and sentence were unlawful because the appellant, being 18 years old at the time of the offence, should not have been sentenced to imprisonment, and the testimony of the child victim was improperly admitted without the required promise to tell the truth, rendering the conviction unsafe.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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