nassibu so abdallah vs republic 2013 tzca 478 17 september 2013

nassibu so abdallah vs republic 2013 tzca 478 17 september 2013

The conviction was quashed because the only prosecution evidence (the child victim's testimony) was not subjected to voire dire examination and was therefore inadmissible; without it, there was no evidence to support the charge of rape.

Citation
nassibu so abdallah vs republic 2013 tzca 478 17 september 2013
Parties
Appellant: Nassibu Sio Abdallah; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
17 September 2013
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held on other lawful cause.
Legal Topics
Rape, Voire Dire Examination, Evidence of Child Witness, Burden of Proof
Source Language
English
Criminal Law Evidence Rape Voire Dire Examination Evidence of Child Witness Burden of Proof

Case Brief

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Parties

Nassibu Sio Abdallah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the conviction for rape can stand where the evidence of the child victim was not subjected to voire dire examination
  2. 2 Whether the prosecution proved the essential elements of rape beyond reasonable doubt

Ratio Decidendi

The conviction was quashed because the only prosecution evidence (the child victim's testimony) was not subjected to voire dire examination and was therefore inadmissible; without it, there was no evidence to support the charge of rape.

Court Disposition

Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held on other lawful cause.

Orders

  • Conviction quashed
  • Sentence set aside