yusuph mgendi vs republic 2019 tzca 312 30 august 2019
The appellant's conviction was upheld because, despite the improper conduct of the voire dire examination, the child victim's evidence was corroborated by her father and the medical doctor, and the prosecution proved the case beyond reasonable doubt.
- Citation
- yusuph mgendi vs republic 2019 tzca 312 30 august 2019
- Parties
- Appellant: Yusuph Mgendi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 30 August 2019
- Procedural Posture
- Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Unnatural Offence, Sexual Offences Against Children, Evidence of Child Witnesses, Standard of Proof in Criminal Cases
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Yusuph Mgendi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal to Court of Appeal From High Court Decision
Legal Issues
- 1 Whether the prosecution proved the charge of unnatural offence against the appellant beyond reasonable doubt
- 2 Whether the evidence of the child victim was properly received and sufficient for conviction
- 3 Whether corroboration was required for the child victim's evidence
Ratio Decidendi
The appellant's conviction was upheld because, despite the improper conduct of the voire dire examination, the child victim's evidence was corroborated by her father and the medical doctor, and the prosecution proved the case beyond reasonable doubt.
Court Disposition
Appeal dismissed
Orders
- Conviction and sentence of life imprisonment upheld
Full Case Text
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