mosses william vs republic 2021 tzhc 9448 3 december 2021
The trial court erred in sentencing the appellant, who was 18 years old at the time of the offence, to imprisonment contrary to the Penal Code and Child Act, and further erred in admitting the testimony of the child victim without the required promise to tell the truth, rendering the conviction unsafe.
- Citation
- mosses william vs republic 2021 tzhc 9448 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 Child Offenders, Admissibility of Child Witness Testimony
- 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 an 18-year-old offender was lawful under the Penal Code and Child Act
- 2 Whether the testimony of a child victim was properly admitted under the Evidence Act
Ratio Decidendi
The trial court erred in sentencing the appellant, who was 18 years old at the time of the offence, to imprisonment contrary to the Penal Code and Child Act, and further erred in admitting the testimony of the child victim without the required promise to tell the truth, rendering the conviction unsafe.
Court Disposition
appeal allowed
Orders
- The appellant should be released forthwith unless held for other lawful reasons.
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