salim hassani vs republic 2013 tzca 424 18 june 2013
The conviction could not be sustained after expunging the testimony of the child victim due to the absence of a mandatory voire dire test, and the remaining evidence was insufficient to prove the appellant's guilt beyond reasonable doubt.
- Citation
- salim hassani vs republic 2013 tzca 424 18 june 2013
- Parties
- Appellant: Salim Hassani; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 18 June 2013
- Procedural Posture
- Criminal Appeal / Second Appeal (court of Appeal)
- Outcome
- appeal allowed
- Legal Topics
- Rape, Child Witness, Voire Dire, Preliminary Hearing, Standard of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Salim Hassani
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Legal Issues
- 1 Whether failure to conduct a preliminary hearing under section 192 of the Criminal Procedure Act nullifies the trial
- 2 Whether the testimony of a child of tender age can be admitted without a voire dire test
- 3 Whether there was sufficient evidence to sustain the conviction after expunging the child victim's testimony
Ratio Decidendi
The conviction could not be sustained after expunging the testimony of the child victim due to the absence of a mandatory voire dire test, and the remaining evidence was insufficient to prove the appellant's guilt beyond reasonable doubt.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence set aside
Full Case Text
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