20130916 TZCA Tabora3

20130916 TZCA Tabora3

The conviction was quashed because the only prosecution evidence, that of the child victim, was not subjected to voire dire examination and was therefore expunged, leaving no evidence to support the charge of rape.

Citation
20130916 TZCA Tabora3
Parties
Appellant: Nassibu s/o Abdallah; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
16 September 2013
Procedural Posture
Criminal Appeal / Second Appeal From High Court Decision
Outcome
Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless held on other lawful cause.
Legal Topics
Rape, Evidence of Child Witnesses, Voire Dire Examination, Standard of Proof in Criminal Cases
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Voire Dire Examination Standard of Proof in Criminal Cases

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nassibu s/o Abdallah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court Decision

Legal Issues

  1. 1 Whether the conviction for rape could stand when the evidence of the child victim was not subjected to voire dire examination as required by law
  2. 2 Whether the prosecution proved the charge of rape beyond reasonable doubt

Ratio Decidendi

The conviction was quashed because the only prosecution evidence, that of the child victim, was not subjected to voire dire examination and was therefore expunged, leaving 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