20050311 TZCA Mwanza

Doubts existed regarding the credibility and admissibility of both the child witness's evidence and the cautioned statement; procedural requirements for admitting the confession were not met; conviction could not be sustained on such evidence.

Citation: 20050311 TZCA Mwanza
Parties: Appellant: Seko Samwel; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 11 March 2005
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence by High Court
Outcome: appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully held
Legal Topics: Confession Evidence, Child Witness, Corroboration, Procedure for Admitting Statements
Source Language: English

Criminal Law Confession Evidence Child Witness Corroboration Procedure for Admitting Statements

Case Brief

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Parties

Seko Samwel

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence by High Court

Legal Issues

1 Whether the evidence of a child of tender years was properly admitted and could corroborate a retracted confession
2 Whether the conviction could be sustained on a repudiated confession
3 Whether procedural requirements for admitting confession statements were complied with

Ratio Decidendi

Court Disposition

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

Orders

Conviction of murder quashed
Sentence of death set aside