vernard costa nsuri vs republic 2007 tzca 10 29 october 2007

vernard costa nsuri vs republic 2007 tzca 10 29 october 2007

Failure to properly conduct a voire dire test and absence of corroboration for the evidence of a child witness rendered the conviction unsafe; the defence of alibi was not sufficiently rebutted by the prosecution.

Citation
vernard costa nsuri vs republic 2007 tzca 10 29 october 2007
Parties
Appellant: Vernard Costa @ Nsuri; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
29 October 2007
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant to be released forthwith unless lawfully held
Legal Topics
Rape, Child Witness, Voire Dire, Corroboration, Alibi
Source Language
English
Criminal Law Evidence Law Rape Child Witness Voire Dire Corroboration Alibi

Case Brief

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Parties

Vernard Costa @ Nsuri

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the prosecution proved the offence of rape beyond reasonable doubt
  2. 2 Whether the trial magistrate erred by failing to conduct a proper voire dire test for a child witness
  3. 3 Whether reliance on uncorroborated evidence of a child of tender age was lawful

Ratio Decidendi

Failure to properly conduct a voire dire test and absence of corroboration for the evidence of a child witness rendered the conviction unsafe; the defence of alibi was not sufficiently rebutted by the prosecution.

Court Disposition

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

Orders

  • quash conviction
  • set aside sentence