seko samwel vs republic 2005 tzca 101 11 march 2005

Both the evidence of the child witness (PW 2) and the cautioned statement (Exh. P3) were unreliable and tainted with doubt; the conviction was unsafe as the requirements for admissibility and corroboration were not met.

Citation: seko samwel vs republic 2005 tzca 101 11 march 2005
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 otherwise lawfully held.
Legal Topics: Murder, Confession Evidence, Child Witness, Corroboration, Admissibility of Evidence
Source Language: English

Criminal Law Murder Confession Evidence Child Witness Corroboration Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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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 trial judge properly admitted and relied on the evidence of a child of tender years (PW 2)
2 Whether the retracted/repudiated confession was properly admitted and could be relied upon for conviction
3 Whether the conviction was safe given the evidentiary doubts

Ratio Decidendi

Court Disposition

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

Orders

Conviction for murder quashed
Sentence of death set aside