20110926 TZCA Mtwara

20110926 TZCA Mtwara

The conviction was quashed because the evidence of the child victim was unsworn and uncorroborated, the corroborative evidence was unreliable or improperly admitted, and the medical report was expunged for non-compliance with procedural requirements.

Citation
20110926 TZCA Mtwara
Parties
Appellant: Richard Markus Tembo; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
26 September 2011
Procedural Posture
Criminal Appeal / Second Appeal Before Court of Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held
Legal Topics
Rape, Evidence, Procedure, Child Witness, Corroboration
Source Language
English
Criminal Law Rape Evidence Procedure Child Witness Corroboration

Case Brief

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Parties

Richard Markus Tembo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal Before Court of Appeal

Legal Issues

  1. 1 Whether the conviction for rape was sustainable in absence of a voire dire examination for a child witness
  2. 2 Whether there was sufficient corroboration of the complainant's evidence
  3. 3 Whether the medical report was properly admitted

Ratio Decidendi

The conviction was quashed because the evidence of the child victim was unsworn and uncorroborated, the corroborative evidence was unreliable or improperly admitted, and the medical report was expunged for non-compliance with procedural requirements.

Court Disposition

appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held

Orders

  • Conviction quashed
  • Sentence of thirty years imprisonment set aside