richard markus tembo vs republic 2011 tzca 141 30 september 2011
The conviction was quashed because the evidence of the child victim was unsworn and uncorroborated due to lack of voire dire, the corroborative evidence of PW2 was unreliable, and the medical report was improperly admitted and expunged, leaving no admissible evidence to support the conviction.
- Citation
- richard markus tembo vs republic 2011 tzca 141 30 september 2011
- Parties
- Appellant: Richard Markus Tembo; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 September 2011
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness, Corroboration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Richard Markus Tembo
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether the conviction for rape was supported by admissible and corroborated evidence
- 2 Whether failure to conduct voire dire examination for a child witness invalidates the evidence
- 3 Whether the medical report (PF3) was properly admitted in evidence
Ratio Decidendi
The conviction was quashed because the evidence of the child victim was unsworn and uncorroborated due to lack of voire dire, the corroborative evidence of PW2 was unreliable, and the medical report was improperly admitted and expunged, leaving no admissible evidence to support the conviction.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence of thirty years imprisonment set aside
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