raphael so ideje mwanahada vs republic 2019 tzhc 15790 28 may 2019
The conviction and sentence were upheld as the evidence of the victim, corroborated by other witnesses and explained delay, was credible; statutory requirements for child witness and proof of age were satisfied; medical evidence was properly admitted; and defence evidence was considered.
- Citation
- raphael so ideje mwanahada vs republic 2019 tzhc 15790 28 may 2019
- Parties
- Appellant: Raphael s/o Ideje @ Mwanahada; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 28 May 2019
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness, Medical Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Raphael s/o Ideje @ Mwanahada
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether conviction based on child witness without voire dire was proper
- 2 Whether age of victim was sufficiently proved
- 3 Whether confession to village authorities was admissible
Ratio Decidendi
The conviction and sentence were upheld as the evidence of the victim, corroborated by other witnesses and explained delay, was credible; statutory requirements for child witness and proof of age were satisfied; medical evidence was properly admitted; and defence evidence was considered.
Court Disposition
appeal dismissed
Orders
- conviction and sentence upheld
Full Case Text
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