thomas deus vs republic 2020 tzhc 4705 14 december 2020
The trial court failed to comply with section 127(2) of the Evidence Act by not recording the victim's promise to tell the truth, rendering her evidence inadmissible and leaving no valid evidence to sustain the conviction.
- Citation
- thomas deus vs republic 2020 tzhc 4705 14 december 2020
- Parties
- Appellant: Thomas Deus; Respondent: The Republic
- Court
- TZHC
- Jurisdiction
- Tanzania
- Judgment Date
- 14 December 2020
- Procedural Posture
- Criminal Appeal / Judgment on Appeal
- Outcome
- appeal allowed; conviction quashed; sentence set aside; retrial ordered
- Legal Topics
- Rape, Child Witness, Evidence Admissibility, Retrial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Deus
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the conviction was based on admissible evidence from a child witness
- 2 Whether the trial complied with section 127(2) of the Evidence Act
- 3 Whether the circumstances warrant a retrial
Ratio Decidendi
The trial court failed to comply with section 127(2) of the Evidence Act by not recording the victim's promise to tell the truth, rendering her evidence inadmissible and leaving no valid evidence to sustain the conviction.
Court Disposition
appeal allowed; conviction quashed; sentence set aside; retrial ordered
Orders
- The case is to be tried de novo before another magistrate of competent jurisdiction.
Full Case Text
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