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Tanzania decisions
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The Court of Appeal allowed a rape appeal after expunging the child complainant's evidence and finding the remaining prosecution evidence inconsistent and unreliable.
Failure to comply with section 127(2) of the Tanzania Evidence Act by not recording a promise from child witnesses to tell the truth rendered their evidence inadmissible; with their evidence expunged, the remaining evidence was insufficient to sustain the conviction.
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The Court of Appeal quashed Juma Faida’s rape conviction for lack of corroboration after a child witness testified without voire dire and exhibits were improperly handled.
The High Court allowed a rape conviction appeal after finding the child witness evidence was admitted without the required promise to tell the truth under section 127(2).
High Court criminal appeal quashed a conviction for attempted rape after finding defects in the treatment of child witnesses and failure to consider the defence.
Court of Appeal of Tanzania quashed a sodomy conviction after finding defective voire dire, faulty translation and recording, and no adequate corroboration.
The Court of Appeal quashed a conviction for unnatural offence after finding the child witness evidence was unsworn and uncorroborated, and the PF3 was wrongly admitted.
The conviction was unsafe because the testimonies of the child witnesses were unsworn and uncorroborated due to improper voire dire, and the trial and appellate courts failed to properly consider the appellant's defence. Contradictions in the prosecution evidence further undermined the case.
Source excerpt
The conviction was unsafe because the testimonies of the child witnesses, taken without proper voire dire, required corroboration, which was lacking due to contradictions and inconsistencies in the prosecution evidence. Additionally, the trial and first appellate courts failed to properly consider the appellant's defence, further undermining the conviction.
Source excerpt
Court of Appeal upheld a rape conviction involving a six-year-old child, finding the voir dire proper and the victim’s evidence sufficient without corroboration.
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