onesphory materu vs republic 2011 tzca 165 28 march 2011

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

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Parties

Onesphory Materu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

  1. 1 Whether conviction can be based on uncorroborated evidence of a child victim in sexual offences
  2. 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