ramson peter ondile vs republic 2022 tzca 608 6 october 2022

ramson peter ondile vs republic 2022 tzca 608 6 october 2022

Evidence of child witness (PW2) was improperly received contrary to section 127(2) Evidence Act and must be discarded; remaining evidence was hearsay or insufficient to identify perpetrator; unexplained delay in arraigning appellant created doubt; prosecution failed to prove case beyond reasonable doubt.

Citation
ramson peter ondile vs republic 2022 tzca 608 6 october 2022
Parties
Appellant: Ramson Peter Ondile; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
6 October 2022
Procedural Posture
Criminal Appeal / Second Appeal, Court of Appeal
Outcome
appeal allowed
Legal Topics
Incest, Evidence of Child Witnesses, Procedural Defects, Standard of Proof
Source Language
English
Criminal Law Incest Evidence of Child Witnesses Procedural Defects Standard of Proof

Case Brief

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Parties

Ramson Peter Ondile

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal, Court of Appeal

Legal Issues

  1. 1 Whether the charge was defective for variance with evidence
  2. 2 Whether evidence of child witness was properly received under section 127(2) Evidence Act
  3. 3 Whether prosecution proved case beyond reasonable doubt

Ratio Decidendi

Evidence of child witness (PW2) was improperly received contrary to section 127(2) Evidence Act and must be discarded; remaining evidence was hearsay or insufficient to identify perpetrator; unexplained delay in arraigning appellant created doubt; prosecution failed to prove case beyond reasonable doubt.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside