samwel so mnyonge vs republic 2019 tzca 610 27 august 2019

samwel so mnyonge vs republic 2019 tzca 610 27 august 2019

The appellant was properly identified at the scene in broad daylight by witnesses who knew him, the evidence relied upon was direct and corroborated, the irregularity in voire dire did not vitiate the conviction as the unsworn evidence was corroborated, the cautioned statement was rightly expunged, the appellate court evaluated all evidence including the defence, and the prosecution proved the case beyond reasonable doubt. The conviction, sentence, and compensation order were proper in law.

Citation
samwel so mnyonge vs republic 2019 tzca 610 27 august 2019
Parties
Appellant: Samweli s/o Mnyonge; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
27 August 2019
Procedural Posture
Criminal Appeal / Second Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unnatural Offence, Sexual Offences Against Children, Evidence Law, Appeals, Sentencing, Compensation Orders
Source Language
English
Criminal Law Unnatural Offence Sexual Offences Against Children Evidence Law Appeals Sentencing Compensation Orders

Case Brief

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Parties

Samweli s/o Mnyonge

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the appellant was properly identified at the scene of crime
  2. 2 Whether the conviction was based on hearsay evidence
  3. 3 Whether the voire dire examination was properly conducted and its effect

Ratio Decidendi

The appellant was properly identified at the scene in broad daylight by witnesses who knew him, the evidence relied upon was direct and corroborated, the irregularity in voire dire did not vitiate the conviction as the unsworn evidence was corroborated, the cautioned statement was rightly expunged, the appellate court evaluated all evidence including the defence, and the prosecution proved the case beyond reasonable doubt. The conviction, sentence, and compensation order were proper in law.

Court Disposition

Appeal dismissed

Orders

  • Conviction, sentence of life imprisonment, and twelve strokes affirmed
  • Compensation order of TZS 500,000.00 to the victim affirmed