rashid mtemi vs republic 2016 tzca 943 28 april 2016

rashid mtemi vs republic 2016 tzca 943 28 april 2016

The trial court's complete omission to conduct voire dire under section 127(2) rendered the child witness's evidence inadmissible, and with that evidence discounted, the prosecution case had no foundation. Material contradictions in the remaining evidence further undermined the conviction.

Citation
rashid mtemi vs republic 2016 tzca 943 28 april 2016
Parties
Appellant: Rashid Mtemi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
28 April 2016
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal allowed
Legal Topics
Rape, Evidence of Child Witnesses, Voire Dire, Contradictions in Evidence
Source Language
English
Criminal Law Rape Evidence of Child Witnesses Voire Dire Contradictions in Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Rashid Mtemi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the trial court's failure to conduct voire dire under section 127(2) of the Evidence Act rendered the child witness's evidence inadmissible
  2. 2 Whether contradictions in prosecution evidence undermined the conviction

Ratio Decidendi

The trial court's complete omission to conduct voire dire under section 127(2) rendered the child witness's evidence inadmissible, and with that evidence discounted, the prosecution case had no foundation. Material contradictions in the remaining evidence further undermined the conviction.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside