osward charles vs republic 2020 tzca 1758 28 august 2020

Despite procedural irregularities in admitting the testimony of the child witness and the PF3, the conviction was sustained based on independent evidence from other witnesses and the appellant's own admissions. The sentence for impregnating a school girl was varied to remove the unlawful option of a fine.

Citation: osward charles vs republic 2020 tzca 1758 28 august 2020
Parties: Appellant: Osward Charles; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 28 August 2020
Procedural Posture: Criminal Appeal / Second Appeal (court of Appeal)
Outcome: appeal dismissed with variation
Legal Topics: Rape, Impregnation of a School Girl, Evidence of Child Witnesses, Procedural Irregularities, Sentencing
Source Language: English

Criminal Law Education Law Rape Impregnation of a School Girl Evidence of Child Witnesses Procedural Irregularities Sentencing

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Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2 Amounts and remedies 1

Parties

Osward Charles

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

1 Whether failure to conduct voire dire test on a child witness invalidates the testimony
2 Whether improper admission of documentary evidence (PF3) is fatal to the prosecution case
3 Whether the offence of rape was proved beyond reasonable doubt absent the victim's testimony and PF3

Ratio Decidendi

Court Disposition

appeal dismissed with variation

Orders

Option of fine in sentence for impregnating a school girl set aside; imprisonment only as per law
Convictions and sentences otherwise upheld