peter yusto vs republic 2011 tzca 166 28 february 2011

peter yusto vs republic 2011 tzca 166 28 february 2011

The conviction was proper as the trial court conducted a proper voire dire examination, found the child witness credible and truthful, and the law permits conviction on such evidence without corroboration if the court is satisfied. The procedural requirements for child witness testimony were met.

Citation
peter yusto vs republic 2011 tzca 166 28 february 2011
Parties
Appellant: Peter Yusto; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 February 2011
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Grave Sexual Abuse, Child Witness, Evidence, Corroboration, Voire Dire Examination
Source Language
English
Criminal Law Grave Sexual Abuse Child Witness Evidence Corroboration Voire Dire Examination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Peter Yusto

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the conviction based solely on the unsworn evidence of a child witness was proper
  2. 2 Whether corroboration of the child witness's evidence was required
  3. 3 Whether procedural requirements for child witness testimony were met

Ratio Decidendi

The conviction was proper as the trial court conducted a proper voire dire examination, found the child witness credible and truthful, and the law permits conviction on such evidence without corroboration if the court is satisfied. The procedural requirements for child witness testimony were met.

Court Disposition

Appeal dismissed

Orders

  • Conviction and sentence upheld