shukuru so peter vs republic 2018 tzhc 2803 28 june 2018

shukuru so peter vs republic 2018 tzhc 2803 28 june 2018

The prosecution proved the case beyond reasonable doubt through credible evidence of the child victim and medical corroboration; voire dire was properly conducted; failure to cross-examine PW1 did not cause injustice as conviction was not based on her evidence.

Citation
shukuru so peter vs republic 2018 tzhc 2803 28 june 2018
Parties
Appellant: Shukuru s/o Peter; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 June 2018
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Unnatural Offence, Sexual Offences, Evidence of Child Witnesses, Standard of Proof, Right to Cross Examine
Source Language
English
Criminal Law Unnatural Offence Sexual Offences Evidence of Child Witnesses Standard of Proof Right to Cross Examine

Case Brief

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Parties

Shukuru s/o Peter

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 credibility and procedure of child witness evidence
  2. 2 right to cross-examine prosecution witnesses
  3. 3 whether prosecution proved case beyond reasonable doubt

Ratio Decidendi

The prosecution proved the case beyond reasonable doubt through credible evidence of the child victim and medical corroboration; voire dire was properly conducted; failure to cross-examine PW1 did not cause injustice as conviction was not based on her evidence.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence upheld
  • right to appeal to Court of Appeal explained