onesphory materu vs republic 2011 tzca 165 28 march 2011
The appeal was dismissed because the trial court was entitled to convict based on the victim's evidence without a corroboration warning, and the appellant admitted writing the 'release note', which was properly relied upon.
- Citation
- onesphory materu vs republic 2011 tzca 165 28 march 2011
- Parties
- Appellant: Onesphory Materu; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 28 March 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Sexual Offences, Evidence, Child Witness, Corroboration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Onesphory Materu
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether conviction can be based on uncorroborated evidence of a child victim in sexual offences
- 2 Whether the 'release note' written by the appellant constituted proof of the offence
Ratio Decidendi
The appeal was dismissed because the trial court was entitled to convict based on the victim's evidence without a corroboration warning, and the appellant admitted writing the 'release note', which was properly relied upon.
Court Disposition
appeal dismissed
Orders
- conviction and sentence affirmed
- thirty years imprisonment
Full Case Text
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