20180215 TZCA Mbeya
The evidence of the child victim, though unsworn due to improper voire dire, was credible and consistent, and corroborated by medical evidence. The trial court properly considered the appellant's defence and the failure to call the investigator was not fatal. The conviction and sentence were upheld as the prosecution proved the case beyond reasonable doubt.
- Citation
- 20180215 TZCA Mbeya
- Parties
- Appellant: Pius Raphael; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 15 February 2018
- Procedural Posture
- Criminal Appeal / Second Appeal From High Court to Court of Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Unnatural Offence, Evidence of Child Witnesses, Corroboration, Voire Dire, Standard of Proof, Assessment of Witness Credibility
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Pius Raphael
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Legal Issues
- 1 Whether the evidence of the child victim was reliable given the improper conduct of voire dire
- 2 Whether corroboration of the victim's evidence was necessary
- 3 Whether failure to call the police investigator was fatal to the prosecution case
Ratio Decidendi
The evidence of the child victim, though unsworn due to improper voire dire, was credible and consistent, and corroborated by medical evidence. The trial court properly considered the appellant's defence and the failure to call the investigator was not fatal. The conviction and sentence were upheld as the prosecution proved the case beyond reasonable doubt.
Court Disposition
Appeal dismissed
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