msafiri so daniel vs republic 2017 tzhc 2166 9 august 2017
The evidence of the child witness (PW2) was improperly admitted as she lacked sufficient intelligence and understanding of the duty of speaking the truth; the confession statement was improperly admitted without inquiry; prosecution failed to prove the case beyond reasonable doubt.
- Citation
- msafiri so daniel vs republic 2017 tzhc 2166 9 august 2017
- Parties
- Appellant: Msafiri s/o Daniel; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 9 August 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence Admissibility, Confession Statements, Child Witness, Fair Trial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Msafiri s/o Daniel
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the evidence of the child witness (PW2) was properly admitted
- 2 Whether the confession statement was properly admitted
- 3 Whether the prosecution proved the case beyond reasonable doubt
Ratio Decidendi
The evidence of the child witness (PW2) was improperly admitted as she lacked sufficient intelligence and understanding of the duty of speaking the truth; the confession statement was improperly admitted without inquiry; prosecution failed to prove the case beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- Conviction quashed
- Sentence of life imprisonment set aside
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