noel sunjila vs republic 2011 tzca 163 29 march 2011

noel sunjila vs republic 2011 tzca 163 29 march 2011

The evidence of the child victim was wrongly received and acted upon as the trial court failed to comply with Section 127(2) of the Evidence Act by not ascertaining the child's intelligence, understanding of the duty to speak the truth, or age. Without the victim's evidence, there was no evidence connecting the appellant to the offence. Conviction and sentence could not stand.

Citation
noel sunjila vs republic 2011 tzca 163 29 march 2011
Parties
Appellant: Noel Sunjila; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 March 2011
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 for another lawful cause.
Legal Topics
Unnatural Offence, Child Witness, Voire Dire, Burden of Proof, Corroboration of Evidence
Source Language
English
Criminal Law Evidence Law Unnatural Offence Child Witness Voire Dire Burden of Proof Corroboration of Evidence

Case Brief

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Parties

Noel Sunjila

Appellant

The Republic

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the evidence of a child of tender years was properly received and acted upon under Section 127(2) of the Evidence Act
  2. 2 Whether the prosecution proved penetration beyond reasonable doubt
  3. 3 Whether the defence was properly considered and the burden of proof correctly applied

Ratio Decidendi

The evidence of the child victim was wrongly received and acted upon as the trial court failed to comply with Section 127(2) of the Evidence Act by not ascertaining the child's intelligence, understanding of the duty to speak the truth, or age. Without the victim's evidence, there was no evidence connecting the appellant to the offence. Conviction and sentence could not stand.

Court Disposition

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

Orders

  • Conviction quashed
  • Sentence set aside