20110328 TZCA Tanga

20110328 TZCA Tanga

The conviction was quashed because the evidence of the child victim was wrongly received without proper compliance with Section 127(2) of the Evidence Act, and there was no other evidence on record to connect the appellant with the offence.

Citation
20110328 TZCA Tanga
Parties
Appellant: Noel Sunjila; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 March 2011
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment to Court of Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside
Legal Topics
Unnatural Offence, Evidence of Child Witnesses, Voir Dire, Burden of Proof, Corroboration
Source Language
English
Criminal Law Evidence Law Unnatural Offence Evidence of Child Witnesses Voir Dire Burden of Proof Corroboration

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Parties

Noel Sunjila

Appellant

The Republic

Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The conviction was quashed because the evidence of the child victim was wrongly received without proper compliance with Section 127(2) of the Evidence Act, and there was no other evidence on record to connect the appellant with the offence.

Court Disposition

appeal allowed; conviction quashed; sentence set aside

Orders

  • The appellant to be released from custody forthwith unless held on some other lawful cause.