yohana victor tadeo vs republic 2013 tzhc 2133 28 august 2013

yohana victor tadeo vs republic 2013 tzhc 2133 28 august 2013

The conviction was quashed because the testimony of the child victim was improperly received due to a defective voir dire, and after expunging that testimony, the remaining evidence was hearsay and insufficient to sustain a conviction.

Citation
yohana victor tadeo vs republic 2013 tzhc 2133 28 august 2013
Parties
Appellant: Yohana Victor Tadeo; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
28 August 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed; conviction quashed; sentence set aside; appellant to be released unless otherwise lawfully held
Legal Topics
Rape, Evidence, Voir Dire, Child Witness, Standard of Proof
Source Language
English
Criminal Law Rape Evidence Voir Dire Child Witness Standard of Proof

Case Brief

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Parties

Yohana Victor Tadeo

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the conviction for rape was based on sufficient and admissible evidence
  2. 2 Whether the testimony of the child victim was properly received under the law

Ratio Decidendi

The conviction was quashed because the testimony of the child victim was improperly received due to a defective voir dire, and after expunging that testimony, the remaining evidence was hearsay and insufficient to sustain a conviction.

Court Disposition

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

Orders

  • The conviction is quashed and sentence set aside.
  • The appellant is to be released forthwith unless otherwise lawfully held.